To Whom Applicable: Public Bodies

FOI Advisory Council Opinion AO-09-03

A volunteer fire department that receives roughly 90% of its funds from state and local government sources is a public body subject to FOIA.

FOI Advisory Council Opinion AO-17-02

The Halifax Industrial Development Authority is a public body subject to FOIA. The FOI Advisory Council's formal written and informal opinions are advisory only; they do not carry the enforcement authority of a court ruling.

FOI Advisory Council Opinion AO-11-02

The FOI Advisory Council does not have authority to interpret the First Amendment. A circuit court is subject to FOIA. If the clerk's office maintains a digital database of land conveyances, that database must be made accessible to a requester.

FOI Advisory Council Opinion AO-09-02

Ironbridge Acres, a wholly owned subsidiary of the Petersburg Hospital Authority is a public body subject to FOIA.

PETA v. City of Virginia Beach

Virginia Marine Science Museum Foundation is a private entity not subject to FOIA.

FOI Advisory Council Opinion AO-03-02

Expenditure records of the Department of Housing and Community Development are public records. Where detailed records exist, a summary of the information is not an acceptable response to a request for the actual records.

FOI Advisory Council Opinion AO-48-01

A nonprofit hospital's line of credit obtained from an industrial development authority is not enough to establish that the hospital is supported wholly or principally by public funds. A local board's authority, consisting only of reappointing hospital directors when others resign does not make the hospital into an entity that is performing the board's delegated functions or giving it advice.

Attorney General's Opinion 2001 #101

Institutional review boards and human research review committees at institutions of higher learning are not public bodies. They are supported wholly or principally by public funds, but they do not perform a delegated function of their parent entities.

FOI Advisory Council Opinion AO-41-01

Though a lcoal chamber of commerce is not a public body, records it keeps on tourism at the request and as an agent of a city council are subject to disclosure under FOIA. The chamber, not the city council is the custodian of the records where the city is not statutorily required to maintain tourism records.

FOI Advisory Council Opinion AO-36-01

Whether an entity is supported wholly or principally by public funds is a case-by-case determination based on the totality of all revenue sources; however, as a guideline, an entity recieving at least two-thirds of its funding from the government is a public body.

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