Closed – Miscellaneous
Also, see 1999 FOIA changes
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FOI Advisory Council Opinion AO-07-15
Generally, FOIA does not prohibit the release of public records or the exercise of free speech. FOIA does not grant special rights to elected officials that differ from those of other Virginia citizens. Real estate appraisals may be withheld until the completion of a proposed purchase, sale, or lease.
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FOI Advisory Council Opinion AO-06-07
Meetings must be noticed for the time when they actually begin. A public body must approve by vote in an open meeting a motion to convene a closed meeting, and must certify the closed meeting after reconvening in open session. The motion and certification must be included in the meeting minutes, along with records of…
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White Dog Publishing v. Culpeper Board of Supervisors
In considering certain newspaper publishers’ application for a writ of mandamus, the circuit court erred in finding that a county board of supervisors did not violate the Virginia Freedom of Information Act (FOIA) by going into a closed session at a particular meeting and erred in failing to award reasonable costs and attorney’s fees under…
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FOI Advisory Council Opinion AO-02-04
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…
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FOI Advisory Council Opinion AO-06-02
Public body members may waive notice for themselves, but not for the public. Meetings are to be open to both the public and the press, not one or the other. A meeting of three or more members of a public body to discuss public business is to be open to the public, and the notice…
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FOI Advisory Council Opinion AO-45-01
A motion to go into closed session that meets the procedural requirements of FOIA must still concern a topic that is actually a proper subject for a closed meeting. Discussion of financial incentives a locality is considering offering to lure a new business to the area is a proper subject for a closed meeting.
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FOI Advisory Council Opinion AO-26-01
No exemption applies to allow for confidential discussion over construction plans for a previously approved restaurant
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Attorney General’s Opinion 1989 #016
Agency not exempt from FOIA; closed-door discussion not covered by FOIA exemption
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Attorney General’s Opinion 1980-81 #387
Public body may use real estate exemption to discuss relocation of an arts center onto now-privately owned land. Public body cannot meet in closed session to discuss garbage collection, drainage problems, or the use of a private company for city-owned auto repairs. Legal matters exemption applies to discussion of prosecuting owners of adult entertainment establishments.
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WTAR v. City Council of the City of Virginia Beach
An injunction is not justified where there is not a reasonable probability that violations of FOIA will occur again.
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Attorney General’s Opinion 1975-76 #410
Mere distribution of a letter during executive session without discussion does not violate FOIA, though the letter itself is an official record subject to disclosure upon request.
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Attorney General’s Opinion 1974-75 #573
Industrial authority may hold closed meeting to discuss prospective business relocations provided there has been no prior public announcement about the business’ intention to locate in the area. Duty is to create access to records/meetings, not to proactively release information.
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Attorney General’s Opinion 1972-73 #488
Only topics covered by FOIA may be discussed in a closed meeting. Public vote must be taken prior to adjourning into a closed meeting.
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Attorney General’s Opinion 1972-73 #490A
Board may hold a closed meeting on a topic it already has brought up in a public hearing and will again bring up in a continuation of that hearing.
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Attorney General’s Opinion 1970-71 #447
Once a board is in executive session for an enumerated reason, it may not discuss other non-related matters but must hold a public meeting for the discussion of such matters.