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Most Recent Legal Opinions on FOIA
- FOI Advisory Council Opinion AO-05-08: FOIA does not require a public body to provide records, or portions thereof, that are not responsive to a request. Implementing a universal security policy requiring all visitors to present identification before entering a public building does not inherently exclude the public from attending public meetings which may be held therein. (May 5, 2008)
- FOI Advisory Council Opinion AO-04-08: A public body may convene a closed meeting to discuss the formation and award of a procurement contract. (April 18, 2008)
- FOI Advisory Council Opinion AO-03-08: FOI Advisory Council discusses exemptions on vendor proprietary records, security system manuals, and school safety audits. Also discussed: duty of government to seek clarification if records request is confusing; failure to identify the volume of records requested that are subject to an exemption; and improperly denying records based on the sheer volume of the request. (March 19, 2008)
- FOI Advisory Council Opinion AO-02-08: Weekends and legal holidays are not counted as working days when computing the five working day time limit for a response to a request for public records. A public body must inform a requester in writing when it does not have the records the requester seeks. Clear communications are essential to the operation of FOIA. (March 7, 2008)
- FOI Advisory Council Opinion AO-01-08: Records concerning a public body's employment policies are open to disclosure. If a public body is unsure of the scope of a request, it should contact the requester to clarify the matter. A failure to respond to a records request is deemed a denial of the request and a violation of FOIA. (February 21, 2008)
Current Headlines
- State bar president has questions on Va. Supreme Court chief justice's order:
Letter from State Bar president Howard Martin to Supreme Court Chief Justice Leroy Hassell asking for clarification on certain points related to Hassell's request that the bar immediately stop posting adverse disciplinary results until the appeal time has expired. Virginia Lawyers Weekly article and Virginian-Pilot editorial.
(April 16, 2008) - Sunshine Week 2008 stories and editorials: This year's theme was elections, candidates and open government, though articles and editorials on other topics are also available. (March 16, 2007)
- VPA editorials: Virginia Press Association's editorials on HB407 (Glenn Oder's bill allowing UVA to keep confidential the names of anonymous donors to the public side of the school's operations) and HB1007 (Dwight Jones' bill making all information housed at the Fusion Intelligence Center confidential). (January 28, 2008)
- First time for everything!: Madison County General District Court judge levies fines in FOIA case. (Culpeper Star Exponent) (December 21, 2007)
- Quote of the week: "It does not meet the purpose of FOIA that the official can decide what is public or private." (November 1, 2007)
- Salem council recesses regular meeting, resumes meeting at W.Va. resort: The council members attended a three-day retreat to address long-term concerns. (October 20, 2007)
- Grand jury indicts 3 former DGIF officials:
A grand jury has indicted the former director of the Virginia Department of Game and Inland Fisheries and two other former employees, alleging misuse of state funds. The Richmond multi-jurisdiction grand jury indicted former department director William Woodfin Jr. and former game wardens Michael Caison and Terry Bradbery on Sept. 12. The indictments were unsealed Thursday. (Coverage from Roanoke Times, Washington Post, Virginian-Pilot, Richmond Times-Dispatch (AP story)) (Editorials from Daily Progress, Virginian-Pilot)
(September 20, 2007) - VCOG board member Harry Hammitt publishes white paper:
Hammitt wrote "Mediation Without Litigation" in conjunction with the National Freedom of Information Council. (This link takes you to the NFOIC site.)
(September 16, 2007) - Bristol Herald Carrier wins fees in FOIA/911 tape case: Bristol Herald Carrier wins fees in FOIA/911 tape case (July 15, 2007)
- Jennifer Perkins succeeds Landon as VCOG executive director: A resident of Warrenton, she formerly worked for U.S. Senators Chafee and Snowe (July 11, 2007)
- In emergencies, officials with disabilities can meet electronically: A change to the Virginia Freedom of Information Act has kicked in that allows members of local and regional boards, under certain circumstances, to participate in meetings over the phone.
(July 2, 2007)
- Tech killer deserves no privacy protection: Cho not only killed 32 innocent people on April 16, he killed himself. So why are we still trying to protect HIS privacy? (May 28, 2007)
- Virginia/Google partnership: Initiative makes it easier for citizens to search and find relevant Web-based information and services on Virginia's state government Web sites. (May 3, 2007)
- Concealed gun permit database debate: The General Assembly needs to strike a delicate balance in dealing with whether a list of concealed-carry holders should be public (April 10, 2007)
- Dulles Corridor Metrorail Project: When did discussion of this $4.5 billion public works project become a state secret? (April 11, 2007)
- Virginian-Pilot editorial: What is a vote worth?: What is a vote worth if you can't tell who to vote against? (March 19, 2007)
- Sunshine Week 2007 stories and editorials: All of us must do better (March 16, 2007)
- Health disciplinary boards fall behind on complaints: Goals established by Gov. Timothy M. Kaine call for 90 percent of complaints involving patient care to be resolved within 250 days by mid-2009, but that's happening only in about half of the cases. (April 2, 2007)
- Doing the people's work in secret: Blame the House Republicans (January 29, 2007)
- Suffolk creates FOI office: Idea is to help citizens who want public records (January 22, 2007)
- Virginia local governments have mixed record on latest FOIA requests: Virginia journalists (without revealing they were journalists) asked for two weeks of e-mails from each county chairman or city mayor to their boards or city councils; the previous weekend's crime logs or reports from police or sheriff departments, and the fire inspection reports for two schools in each locality. Only 13 localities were in full compliance; Virginia Beach would have been, but the mayor doesn't use e-mail! For the full story, click here
(December 30, 2006) - 2006 FOI Awards: Winners include the Virginia Beach FOI Office (November 18, 2006)
- Va. Supreme Court rules against Culpeper in FOIA case; $93,000 in fees awarded: The court unanimously reversed a Circuit Court decision that denied attorney fees and upheld a secret discussion of a school construction project. (September 15, 2006)
- US Appeals Court strikes Delaware's FOIA residency rule: Virginia's FOIA has a similar state-resident provision, not yet tested in the court. (August 16, 2006)
- Open Government Guide: A complete compendium of information on every state's open records and open meetings laws. (July 29, 2006)
- FOIA triggered charter-flight disclosure: Citizen used FOIA to reveal $18,000 charter flight (March 4, 2006)
- Sunshine needed for interim appointments: Keeping the supervisor interview process closed is a bad way to get 100-percent 'voter' turnout. (February 2, 2006)
Ongoing Stories / Editorials
- Researching their roots has become a passion for many Americans: A bit of online detective work can yield a significant amount of information for little or nothing. But for extensive or difficult searches, the cost in money and time can mount. (August 18, 2007)
- Times-Dispatch editorial:
If money is indeed the mother's milk of politics, VPAP stands as an important instrument to show voters which wet nurses keep elected officials fat and happy. (March 11, 2007)
- David Poole: VPAP provides transparency for "anything goes" fund-raising (March 11, 2007)
- MWAA: Disclosure laws don’t apply:
MWAA’s assertion runs counter to the opinion of the Virginia Freedom of Information Advisory Council (March 3, 2007)
- Transparency is a fundamental: Public reaction to The Washington Post stories highlighting the close personal ties of a small circle of Loudoun County's political, development and business leaders needs to be treated as something more than a political "gotcha" (March 3, 2007)
- Progress on the FOIA front: Senate sends FOI bills to the FOIA Council to mull the deeper ramifications of the laws (March 3, 2007)
- Kaine, Bolling, McDonnell, Howell give us their views on open government: Top state officials join in our 10th anniversary observance (November 17, 2006)
- Officials thumb nose at your right to know: Fairfax, Va. and Montgomery, Md. play games when asked for documents (June 23, 2006)
- General Assembly salutes us: FOIA Council presents commending resolution for VCOG's right-to-know work (June 13, 2006)
- PBS spotlights hatchery couple's FOI fight: Albrights' FOI fight spotlighted on PBS' NOW program (March 18, 2006)
- Albright v DGIF – a look back: Virginia's FOIA helps two retired professionals spur changes at DGIF (January 1, 2006)
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Special Notice |
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- VCOG'S ANNUAL CONFERENCE:
Our 9th annual conference will be held May 22-23 at the Wingate by Wyndham hotel in Fredericksburg, featuring Congressman Rick Boucher and former USAToday reporter Toni Locy. Click here for the REGISTRATION FORM, and click here for a FLYER setting with up-to-date conference schedules and panelists.
- 2008 FOI AWARD NOMINATIONS SOUGHT:
Nominations are now being accepted for VCOG's 2008 Freedom of Information Awards. Awards are given for outstanding efforts by citizens, media and government to keep government meetings or records open to the public. For more details, click here.
- VCOG'S NEW EXECUTIVE DIRECTOR:
Jennifer Perkins is VCOG's new executive director, succeeding long-time director Frosty Landon. She can be reached at jperkins@opengovva.org.
- VCOG'S 10TH ANNIVERSARY EVENTS: Thanks to the more than 75 contributors who put us over the top in our $400,000 Endowment Fund
campaign.Click here
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