Advisory Council

FOI Advisory Council Opinion AO-12-08

As a general rule, an individual member of a board, designated as a liaison to staff, is not a public body for meetings purposes. Records prepared, owned, or possessed by that member in the transaction of public business are public records subject to FOIA.

FOI Advisory Council Opinion AO-11-08

A record that is not prepared, owned, or possessed in the transaction of public business is not a public record subject to FOIA. When conducting private business, public officials and employees (in this case, a university law professor) should avoid indicia, such as agency letterhead, that make private records appear to carry the imprimatur of a public body.

FOI Advisory Council Opinion AO-10-08

The records of a community center created and funded by local government, operated by a nonprofit organization acting pursuant to a contract with the local government, are public records subject to FOIA.

FOI Advisory Council Opinion AO-09-08

FOIA provides that public bodies bear the burden of proof to establish an exemption by a preponderance of the evidence. However, FOIA is silent regarding whether a requester may challenge as an abuse of discretion a decision not to disclose records that are excluded from mandatory disclosure pursuant to a valid exemption, once the exemption has been established.

FOI Advisory Council Opinion AO-08-08

Advisory committees formed by Richmond Mayor Douglas Wilder are not subject to FOIA. FOIA applies to committees formed by public bodies to perform a delegated function or provide advice to the public body. The mayor, however, is not a public body.

FOI Advisory Council Opinion AO-07-08

Failure to respond to a request for records is deemed a denial of the request and a violation of FOIA. Clear communications are essential to FOIA transactions.

FOI Advisory Council Opinion AO-06-08

Records concerning general law enforcement policy matters must be disclosed, but records specifying how policy will be implemented, i.e. the methods by which officers will conduct investigations, may be withheld as records of investigative techniques or procedures.

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.

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.

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.

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