The Virginia FOIA Opinion Archive

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National Rural Utilities v. Greenlief

The tax-exempt status of certain individuals is information that is exempt from disclosure under FOIA by virtue of the Tax Code's general prohibition against release of taxpayer information.

James v. Division of Consolidated Services

Va FOIA excludes evidence related to a criminal investigation unless needed for criminal defense.

Attorney General's Opinion 1991 #081

FOIA doesn't block an otherwise valid subpoena duces tecum that asks for information that could be exempt under FOIA.

Attorney General's Opinion 1991 #009

Names, qualifications, evaluations, tests used to evaluate, and how indidivual candidates fared under selection criteria all exempt. General selection criteria not exempt. Certificates issued by Department of Mines, Minerals and Energy regarding persons certified to work in mines must be disclosed.

Taylor v. Worrell Enterprises

The governor's itemized telephone bills are official records exempt from disclosure as memoranda, working papers or correspondence.

ACLU v. Andrews

CIRCUIT COURT OF THE CITY OF RICHMOND

American Civil Liberties Union of Virginia, et al.

v.

Senator Hunter B. Andrews, et al.

Case No. HB-342-4

September 19, 1991

By Judge Randall G. Johnson

Attorney General's Opinion 1991 #005

Public body satisfies continual request for notice by saying its meetings are held at the same time and same place on the same day each month and that separate notice will be given for special meetings. No additional notice necessary when date, time and place of reconvened meeting is announced at regularly scheduled meeting.

Attorney General's Opinion 1991 #013

Files associated with an active investigation may be withheld, but do not have to be after the investigation is complete.

Attorney General's Opinion 1991 #007

Citizen does not have a right to make a continuing request for records that do not yet exist.

Reuber v. Food Chemical News Inc. (4th Cir. on libel)

Reuber, a scientist, declared himself a whistleblower and created the misleading impression that a controversial pesticide was carcinogenic. A newsletter published his employer's reprimand, which stated that Reuber had engaged in unprofessional conduct. He sued for defamation and won in a jury trial which awarded him compensatory and punitive damages. On appeal, the Court reversed and remanded in favor of Food Chemical News. Reuber had made himself a public figure, and so the . . .actual malice’ standard should be applied. The jury could not have found actual malice here. The court held that the First Amendment protected the public's right to learn both sides of a controversy through the press and declined to uphold a damages award that left the debate one-sided. The court reversed the jury verdict that favored Reuber and remanded the case for entry of judgment in favor of the news group.

Hale v. Washington County School Board

Relief for a plaintiff under FOIA does not include compelling a government body to turn over minutes, even if there are any, of an executive/closed meeting.

Attorney General's Opinion 1990 #009

Booking photos and mug shots are official records that must be disclosed.

Lemond v. McElroy

Documents generated in connection with the payment process of a settlement agreement, after the mutual agreement to settle, are open to public inspection.

Attorney General's Opinion 1990 #008

The two members of a seven-member board, and the two members of a seven-member council, joining to discuss mutual governmental business are both committees and must comply with FOIA's meeting procedures.

Attorney General's Opinion 1989 #016

Agency not exempt from FOIA; closed-door discussion not covered by FOIA exemption

Attorney General's Opinion 1989 #017

University library not required to disclose; titles of books checked out, references questions asked, bibliographies prepared by staff by request, nor must the titles of books ordered by faculty.

Attorney General's Opinion 1989 #013

Public body not required to compile a record, but must notify the requester within the required time.

Attorney General's Opinion 1989 #012

FOI provision for reasonable fees can't include charges for a public employee to be present during review of records

Atlas Underwriters v. State Corporation Commission

The Virginia Freedom of Information Act (FOIA) does not apply to the State Corporation Commission.

Attorney General's Opinion 1987-88 #033A

Inmates' medical records need not be disclosed absent authorization from the inmate himself or herself.

Attorney General's Opinion 1987-88 #035

Settlement agreements may be memoranda, working papers or records prepared specifically for use in litigation - need not be disclosed.

Attorney General's Opinion 1987-88 #030

A city/county attorney's itemized billing statement is an official record and must be disclosed to the extend it does not reveal confidential communication, or ongoing criminal investigation matters, or some other information that may be exempt. Reasonable charge for deletions may be made

Associated Tax Service Inc. v. Fitzpatrick

The purpose or motivation behind a request made under FOIA is irrelevant to a citizen's entitlement to requested information.

Saunders v. Pethtel

FOIA and the statute that allows inspection of competitive sealed bids are separate and distinct.

Attorney General's Opinion 1987-88 #236

Planning districts are public bodies. Advisory committees and subcommittees of a planning district are subject to FOIA.

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