Definition of Which Meetings Are/Are Not Subject to FOIA’s Provisions
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Gloss v. Wheeler (Supreme Court)
Community forum meeting that 5 members of the Prince William County Board of Supervisors attended and discussed police response to the George Floyd protests should have been open to the public under FOIA because it discussed “public business.” The majority and dissenting opinions discuss the contours of “public business.”
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FOI Advisory Council Opinion AO-04-18
Discusses general open meetings requirements of public bodies and their committees as well as obligations of public bodies in response to a request for public records. A public body is not required to record open meetings itself but must afford the public the opportunity to record the meetings. A committee of a public body is…
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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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Hill v. Fairfax County School Board
The Supreme Court of Virginia rules that the rapid and extensive exchange of emails leading up to a meeting is not itself a meeting triggering FOIA’s requirements.
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FOI Advisory Council Opinion AO-05-11
A rescue squad which is a town department is subject to FOIA for records purposes, but is not subject to the open meetings requirements of FOIA.
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FOI Advisory Council Opinion AO-04-09
Section 15.2-2907 says that certain meetings that are or would be subject to review by the Commission on Local Government — like consolidation and annexation discussions — are not subject to FOIA.
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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-12-08
As a general rule, an individual member of a board, designated as a liaison to staff, is not a public body for meetings purposes. Records prepared, owned, or possessed by that member in the transaction of public business are public records subject to FOIA.
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FOI Advisory Council Opinion AO-04-06
There is no special exemption in FOIA for a joint committee of conference of the General Assembly to hold a closed meeting on a budget bill.
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FOI Advisory Council Opinion AO-13-03
Virginia Baseball Stadium Authority is a public body subject to FOIA. A press conference attended by a quorum of a public body or committee members representing the body is a meeting under FOIA. Virginia Baseball Stadium Authority may not deny media kits to citizens who request them. Virginia Baseball Stadium Authority may not exclude members…
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FOI Advisory Council Opinion AO-19-00
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.
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Attorney General’s Opinion 1986-87 #030
A group that meets with at least three members of a state board must be open. Meetings with mere employees, who are not appointees or constituent members of the board, do not have to be open.
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Attorney General’s Opinion 1982-83 #719
Mere presence of three members of a county board of supervisors on a private board of trustees does not convert a the board of trustees into a public body that needs to follow FOIA.
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Attorney General’s Opinion 1981-82 #436
As long as no more than two members from any one local governing body particpate in a joint conference with other governing bodies to discuss regional issues, the joint meetings need not comply with FOIA.
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Attorney General’s Opinion 1977-78 #054
School board hearing on budget must be open, though FOIA doesn’t mandate a formal public hearing on the budget.
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Attorney General’s Opinion 1977-78 #484
City council and taxpayers’ association may meet together as long as FOIA’s notice and minutes procedures are followed.
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Attorney General’s Opinion 1975-76 #411
Late-night gathering of six council members with county manager, commonwealth attorney and select others to discuss police scandal was a meeting for purposes of FOIA.
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Attorney General’s Opinion 1974-75 #568
General budget discussions must be public. Public vote required before adjourning to closed meeting.
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Attorney General’s Opinion 1974-75 #582
Body cannot discuss general budget and general public employee salary levels in closed session.
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Attorney General’s Opinion 1974-75 #574
Meetings between city manager and city council are public unless an exemption applies. Conflicting city charter provisions trump FOIA.
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Attorney General’s Opinion 1974-75 #078
Meetings between school board employees and an education association need not be open.
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Attorney General’s Opinion 1974-75 #022
Board employees may meet with employee representatives in closed session, though meeting with the representatives and the actual board must be open.
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Attorney General’s Opinion 1973-74 #450
Board cannot meet in executive session to discuss general budgetary matters. Individual matters that fall within an exemption may be discussed, provided the procedures from entering into a closed meeting are followed.
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Attorney General’s Opinion 1972-73 #496A
Commission of Outdoor Recreation cannot discuss the funding for proposed park projects in closed session.