The Virginia FOIA Opinion Archive

The personnel records exemption allows the withholding of personally identifiable information regarding a applicant's education and qualificiations; specific classes taken by city manager part of personnel record, too.

Present: All the Justices

YVONNE G. SMITH

v.

RICHMOND NEWSPAPERS, INC., ET AL.

Record No. 000337

January 12, 2001

FROM THE CIRCUIT COURT OF HENRICO COUNTY
George F. Tidey, Judge

OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether audio tape recordings of a felony criminal trial are open to inspection by the public under Code § 17.1-208 and, if so, whether mandamus is the proper remedy to compel the clerk of the trial court to allow such inspection.

BACKGROUND

Use of an e-mail network listserv by city council members is an improper electronic meeting under FOIA.

The Board of Funeral Directors and Embalmers may, under a FOIA exemption, withhold the names of applicants for licensure.

A man convicted of sexually abusing his step-granddaughter objected when the public and press were removed from the courtroom while she testified. On direct appeal, his lawyer failed to make a 6th Amendment claim to a public trial. The state courts summarily rejected petitioner's state habeas claim that failure to pursue the Sixth Amendment violation on appeal constituted ineffective assistance of counsel. The federal district court likewise rejected the claim and petitioner appealed. The court affirmed, finding that the underlying circumstances of the case sufficiently indicated an overriding, compelling interest in protecting a child victim from the embarrassment and trauma, that the closure was narrowly tailored to protect the compelling interest, and that the state court did not unreasonably reject petitioner's Sixth Amendment claims on the basis of an improper denial of a public trial.

The Erosion and Sedimentation Control Administrator for the Natural Tunnel Soil and Water Conservation District, when conducting an investigation to determine if a criminal violation of section 10.1-563 has been committed, could properly withhold the records of the complaints leading to the investigation.

Parental request of school board for religious exemption (as a personal matter unrelated to the transaction of public business) is proper subject for a closed meeting if the topic has been identified with specificity in the motion to go into closed session.

The annual report on the compensation plan being developed by the Department of Human Resources is a public record.

Virginia School Boards Association is not subject to FOIA; members of individual school boards attending a VASB conference should refrain from discussing public business without notifying the public.

public body not required to merge two separate databases to create a record containing the information sought by a requester; requester can ask for both databases and manipulate the raw data himself.

once city council members acted on a report that was arguably part of the city manager's working papers, any exempt status is lost and the document becomes part of the public record.

Notice for special or emergency meetings must be reasonable under the circumstances; determination of reasonableness is not within purview of FOI Advisory Council's duties.

Complaints against identifiable individuals are exempt personnel records; settlement amounts are public records, but if a record listing all amounts paid does not exist, public body has no duty to compile such a list; reworded request may yield documents sought.

Information regarding access to court records, specifically divorce records, is outside the scope of FOIA.

A volunteer rescue squad supported primarily through private donations is not a public body subject to FOIA.

An individual is entitled to his personnel record; general job classification and salary information of public officials is specifically available under FOIA.

Death certificates, as vital records, are not covered by FOIA.

Roberts Rules of Order is subordinate to FOIA in the event of any conflict between the two.

No 1st Amendment right of access to government-held information.

The condition or use of real estate is no longer a valid topic for a closed meeting; city manager's working paper exemption evaporates once he disseminates document.

Physical presence of lawyer is necessary for public body to invoke closed meeting exemption regarding consultation for advice on a specific legal matter; counsel's presence is not necessarily demanded when the exemption for briefings on actual or probable litigation.

Freedom of Information Advisory Council, FOIAC, not authorized to give citizens or news reporters advice about how to deal with the State Corporation Commission

The release of local license taxes assessed against any person, firm or corporation is prohibited by the Tax Code.

The informal gathering of three members of the Norfolk Wetlands Board to tour the site of an applicant for a dredging permit is considered a meeting under FOIA because it necessarily concerns the transaction of public business

A so-called master list of courses offered by a school during the next academic year, the times and who will be teaching them is a public record despite the list's possible revision by the administration.