Advisory Council

FOI Advisory Council Opinion AO-05-12

Subsection F of § 2.2-3707 requires that agenda packets be made available for public inspection at the same time they are furnished to members of the public body

FOI Advisory Opinion AO-01-13

Generally, records submitted by a private company to a state agency as required by regulation are public records subject to FOIA. Marking such records proprietary and confidential does not, by itself, make them exempt from mandatory disclosure; records are only exempt if there is a specific provision of law that allows them to be withheld.

FOI Advisory Council Opinion AO-07-12

A public instrumentality exercising public and essential governmental functions (in this case, Crooked Road) is a public body subject to FOIA.

FOI Advisory Council Opinion AO-06-12

Considering three different records exemptions, an adult arrestee photograph (mug shot) may not be withheld as a noncriminal incident record; may be withheld if its release would jeopardize a felony investigation; and may be withheld if the subject depicted is also a witness.

FOI Advisory Council Opinion AO-04-12

A telephone billing record paid by a public official in his personal capacity that was not prepared for or used in the transaction of public business is not a public record subject to FOIA. Such a telephone billing record is not paid with public funds, only indicates that a call was made (it does not reveal the contents of the call or who made it), and is prepared by the service provider in order to receive payment as part of a commercial transaction.

FOI Advisory Council Opinion AO-07-11

Summarizes the requirements for making and responding to a FOIA request. Clear communications between the parties are essential. Public bodies are reminded to provide one of the five responses required by statute.

FOI Advisory Council Opinion AO-03-12

A public official may only charge his or her rate of pay as a public official, not as a private employee, when responding to requests for public records.

FOI Advisory Council Opinion AO-06-11

Adult arrestee booking photographs (mug shots) are public records subject to FOIA.

FOI Advisory Council Opinion AO-05-11

A rescue squad which is a town department is subject to FOIA for records purposes, but is not subject to the open meetings requirements of FOIA.

FOI Advisory Council Opinion AO-04-11

The attorney-client privilege exemption must be narrowly construed. If a record contains both exempt and non-exempt material, only the exempt material may be withheld. Whether a record is exempt depends on the contents of the record and the existence of a specific legal provision that allows the record to be withheld.

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