Committees/Subcommittees/Special Commissions
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FOI Advisory Council Opinion AO-03-18
The definition of “public body” includes, among other entities, “any committee, subcommittee, or other entity however designated, of the public body created to perform delegated functions of the public body or to advise the public body.” A budget task force appointed by a school superintendent that advises the superintendent is not a “public body” under…
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FOI Advisory Council Opinion AO-07-13
A committee or advisory group of a public body that performs a delegated function or advises the public body is itself a public body. A committee or advisory group created by an individual to advise that individual is not a public body. In either case, however, records prepared, owned, or possessed by the committee or…
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FOI Advisory Council Opinion AO-04-13
A committee that was created by action of a city council, but does not advise the city council or perform a delegated function of the city council, is not a public body subject to FOIA for meetings purposes. However, records of such a committee that are in the transaction of public business are public records…
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FOI Advisory Council Opinion AO-03-09
A task force jointly created by multiple public bodies to advise them is itself a public body subject to FOIA. Likewise, a regional public body provided for by statute and established by the resolutions of several local public bodies is also subject to FOIA. Both must comply with the procedural rules for conducting public meetings.
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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.
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FOI Advisory Council Opinion AO-10-07
Determining whether an entity is a public body as a committee, subcommittee, or other entity however designated of a public body depends on how the entity was formed and what functions it performs.
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FOI Advisory Council Opinion AO-10-06
A nonprofit foundation created by private citizens that voluntarily works with localities for the public good, but does not receive public funding, is not a public body subject to FOIA.
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FOI Advisory Council Opinion AO-09-06
An entity (in this case, a redistricting committee assisting a school board) that states that its meetings are open to the public should provide public notice of those meetings, whether or not the entity is subject to FOIA.
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FOI Advisory Council Opinon AO-02-06
Gathering of quorum from both a town council and a planning commission, on a topic that had once been before the council and was likely to be before it again, should have been advertised to the public as a joint meeting of both entities.
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FOI Advisory Council Opinion AO-11-05
Question on whether meeting of liaison committee of school board and board of supervisors was subject to FOIA depends on status of members as a subcommittee or quorum of their respective public bodies.
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FOI Advisory Council Opinion AO-10-05
Study commission appointed to advise public body is also a public body. Public body may impose restrictions on placement and use of recording devices, but may not prohibit recording.
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FOI Advisory Council Opinion AO-20-04
Because they are performing a delegated duty of the county service authority as a whole, meetings of the county service authority’s customer dispute process are open.
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FOI Advisory Council Opinion AO-12-04
A meeting between chair and vice chair of both board of supervisors and school board is not subject to FOIA if those members were not specifcally designated as a committee of their respective boards.
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FOI Advisory Council Opinion AO-24-01
Citizens advisory committee established to make recommendations to the State Transportation Board is subject to FOIA.
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FOI Advisory Council Opinion AO-20-01
Two-person subcommittee is a public body subject to FOIA.
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Shenandoah Publishing House v. Warren County School Board
FOIA violations made in good faith do not require the imposition of civil penalties
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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.
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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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Attorney General’s Opinion 1982-83 #712
Virginia Equaly Employment Opportunity Committee may not meet as a body with employees regarding a specific complaint in executive session.
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Attorney General’s Opinion 1981-82 #437
Committees established by bodies subject to FOIA (in this case, the curriculum study committee of a school board) must also comply with the Act.
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Attorney General’s Opinion 1980-81 #384
Meeting of county government’s two-member subcommittee subject to FOIA.
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Attorney General’s Opinion 1976-77 #308
Three-member committee of nine-member council is subject to FOIA. Public and press may be excluded from a properly called executive session, but there is nothing to prohibit the attendance at the meeting of people who would be helpful or necessary to the meeting.
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Attorney General’s Opinion 1975-76 #406
University of Virginia advisory committee made up of faculty and administrative personnel not subject to FOIA.
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Attorney General’s Opinion 1975-76 #412
Three-member board of supervisors subject to FOIA. Three-member committee may hold closed meeting to discuss acquisition of building to house county offices.
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Attorney General’s Opinion 1972-73 #496
Special investigative commission organized pursuant to city council resolution and made of less than the council’s full membership not subject to FOIA.