Advisory Council

The Onancock Business Civic Association is not a public body when it is participating in the Main Street Program, despite needing the assent of the local governing body to participate, because the association is not supported in whole or in part by public funds; local government's consent does not create a principal-agent relationship requiring the association's records to be disclosed under FOIA.

Virginia Baseball Stadium Authority is a public body subject to FOIA. A press conference attended by a quorum of a public body or committee members representing the body is a meeting under FOIA. Virginia Baseball Stadium Authority may not deny media kits to citizens who request them. Virginia Baseball Stadium Authority may not exclude members of the public from press conferences held to announce public business. Employees of the Virginia Baseball Stadium Authority may hold a private press conference without violating the letter of the law, but it would violate FOIA's spirit of openness.

City of Newport News' failure to provide one of the four enumerated responses to a FOIA request is a violation of the act; an action for mandamus or injunction may be pursued.

An exception to the general rule that a public body does not have to create a record that does not exist is when the requested information is for employee salaries. General recommendation that public body and requester work together to clarify requests. General advice to compare information contained in records oneself instead of relying on public body to do it.

A suicide report held by a police department is generally available as a noncriminal incident report, though personal, medical or financial information may be redacted.

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

A public body cannot charge a requester for the cost of compiling a requested record that had already been compiled for an earlier requester.

The Virginia State Bar's list of attorneys licensed to practice in the Commonwealth should be disclosed under FOIA.

A hearing to determine whether a teacher's complaint fits the definition of grievance should be held in private session in accordance with the Education Code; FOIA does not override the requirement.

A city's response for a demand of records under a subpoena duces tecum is governed by rules of the Supreme Court, not FOIA, even if those records would otherwise be available under FOIA.