The Virginia FOIA Opinion Archive

Board of Dentistry meeting minutes were inadequate, did not include even a summary of the discussion on a particular subject and decision. Attorney fees awarded for FOIA violation. No wilful violation found.

NOTE: Scroll to end for another ruling in a district court proceeding, June 10, 2005, between Albright and the Attorney General over advance-estimating of costs for filling a FOIA request.

Lee H. Albright v. William Woodfin et al., CL05-0006, Nelson County Circuit Court

May 26, 2005

Judge J. Michael Gamble

a list of websites and keywords blocked by the school district's computer network firewall may be exempt from disclosure because those records may reveal the design and/or function of part of the school's security system.

personnel files at most governmental agencies are available to the subject of the records, but not if the subject is the employee of an educational agency.

Nothing in FOIA prohibits the release of the name of a juvenile shot and killed by a police officer, but §16.1-301 appears to serve as a broad prohibition against the release of law-enforcement records relating to juvniles.

The Virginia Board of Bar examiners has discretion under §54.1-108 to withhold the passing score an individual made on the bar exam, even when it is the subject individual making the request. The Virginia Board of Bar Examiners can elect to withhold aggregate data on bar exam results under the board's broad grant of authority under §54.1-3922. The FOI Advisory Council does not have authority to determine whether an agency has abused its discretion in withholding information it is legally entitled to withhold.

Citizen applications for a vacant board of supervisors seat are exempt from disclosure as personnel records. A public body may charge $6 for a two-page document if that reflects the actual cost to the public body to produce it.

Public television and radio station not a public body because less than two-thirds of funding comes from public money, and they do not perform a delegated governmental function.

the working papers exemption does not expire unless the working papers are disseminated or otherwise made public by the official to whom the exemption applies. Absent such a release, a record created by or for one of the named officials for his personal or deliberative use retains the characterization of a working paper.

registrar clerk erred by requiring requester to put verbal FOIA request in writing. Freedom of Information Advisory Council has no authority to investigate or enforce possible FOIA violations. Dispute over whether a record exists is a fact issue for a court to resolve.

It appears that the intent of the law would indicate that if records do not exist, this should be stated in writing to the requester. once a deposit is requested from the public body, a requester does not have the right to demand that certain records that are believed to be easily accessible be provided immediately, before the deposit is paid, while still indicating that he wants a response to the entire request. Burden on requester to clearly indicate he is attempting to narrow a previous request, in lieu of that request. The practical perspective of dealing with the application of FOIA on a daily basis has taught [this office] that clear and concise communication between a requester and a government official -- relying on the requirements set forth in the law and not on editorial comment -- is often the best way to successfully resolve any concerns about a FOIA request.

The exemption that allows withholding of personal information...concerning persons participating in or persons on the waiting list for federally funded rent-assistance programs applies only to the tenants' records, not the records of the contracts landlords enter into with local housing authorities.

Personal records of a university theater department audition committee member are not disclosable under FOIA or FERPA, but any standardized evaluation forms must be released to the subject student. Records pertaining to audition guidelines or procedures would be available to anyone.

Records of all investigations of the Department of Health Professions, and not just records of active investigations, are confidential, even to the subject of the records..

An outside attorney's bill to a locality must be disclosed under FOIA, though portions that reveal the substantive details of the attorney's representation may be redacted. FOIA does not require a verbal response to a request for information.

When choosing to withhold records from disclosure, the specific statutory authority must be cited; reference to a legislative bill is not appropriate. The school safety audit exemption does not apply to the entire audit, only the portions revealing specific security vulnerabilities.

A master plan document required to be submitted to a housing authority, that comes into the director's possession during the ordinary course of business, is not a working paper.

Absent a court order, a public body cannot prohibit a citizen of the Commonwealth from making a FOIA request, or require her to make requests through her attorney.

The Department cannot require you to pay charge that included charges for copies that you clearly did not request, and includes a charge for the benefits of the person that responded to your request, which is not an allowable charge. While FOIA does require the Department to provide you with records of the salary of Department employees, it does not require that benefits information also be made available. The Department could, at its discretion, withhold such information as a personnel record pursuant to subdivision A 4 of § 2.2-3705. In providing you the salary information, FOIA does not require the Department to create lists or spreadsheets including this information; providing you with individual records showing each employee's salary would satisfy the requirements of FOIA. While providing you with a spreadsheet of the salary information may be the most user-friendly format, the Department may not charge you for the creation of such a record without first reaching an agreement with you concerning the costs associated with its creation. The Department may still create the spreadsheets, absent an agreement, if it feels more comfortable providing the information in that format, but it cannot recoup these costs if you did not agree to it. Finally, the Department may not deny you the right to inspect the records on the grounds that you have not paid $207.50 because it did not estimate the charges in advance and request a deposit. Therefore, the records must be made available to you for inspection in accordance with your original request.

Public body must follow FOIA's notice provision, even if planning to go into a closed meeting immediately; closed meeting can only take place within the context of an open meeting. Draft proposal between a city and a county over acquisition of water may be withheld under the exemption for contract negotations, if disclosure would jeopardize bargaining position; discussions of the proposal may also be held in closed session. Advisory Council uses subcommittee to identify a problem in FOIA and propose legislation to address it.

The Metropolitan Washington Airport Authority, an interstate compact between Virginia, D.C. and Maryland, is subject to FOIA because the compact's terms says that Virginia law applies in cases raised under the compact. Public body may recoup costs of providing records. Records detailing legal advice given to public body may be withheld.

In interpreting subsections (F)(1) and (G) of 2.2-3706, the General Assembly intended for records relating to criminal investigations and prosecutions to be exempt from public disclosure, whether such records are held by state or local law-enforcement officials.

Like lists of books and quetsions asked of reference librarian, a record that showed the Web sites cisited on the Internet by a library may be exempt from disclosure.

Documents relating to a public relations firm hired by Newport News to assist it and its lawyers during litigation over the King William Reservoir are not protected by the attorney-client privilege or the work-product privilege. The PR agency is not an agent of the firm in the first instance, and its purpose is not part of the litigation itself in the second instance.

Not all Department of Corrections records containing information about procedures and protocols are automatically exempt under the security exemption, (A)(69). Without viewing the records, the council notes that the procedures and protocols related to the execution of prisoners by lethal injection and electrocution may be wholly exempt.