Definitions: What is an Official or Public Record
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Keefe v. Lovettsville
Loudoun County General District Court Judge Matthew Snow rules the town violated FOIA when it required a deposit of $115 (FOIA says a deposit can be requested for amounts over $200) and when the requester said she was going to ask the FOIA Council for its opinion, the town said it considered such an action…
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Davison v. Dunnavant (circuit court)
Henrico circuit judge rules a senator can be sued for a FOIA violation in her individual capacity and that Facebook posts can be public records. But, the Facebook posts in this case are deemed not about public business and so did not need to be disclosed.
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Attorney General Opinion Sept 27 2013
A public official’s constituent newsletter may or may not be a public record; it depends on the content and use of the newsletter. However, if you assume the newsletter is a public record, the email distribution list used to send the newsletter is would not be exempt from disclosure.
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FOI Advisory Council Opinion AO-06-12
Considering three different records exemptions, an adult arrestee photograph (mug shot) may not be withheld as a noncriminal incident record; may be withheld if its release would jeopardize a felony investigation; and may be withheld if the subject depicted is also a witness.
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FOI Advisory Council Opinion AO-04-12
A telephone billing record paid by a public official in his personal capacity that was not prepared for or used in the transaction of public business is not a public record subject to FOIA. Such a telephone billing record is not paid with public funds, only indicates that a call was made (it does not…
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FOI Advisory Council Opinion AO-06-11
Adult arrestee booking photographs (mug shots) are public records subject to FOIA.
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Saltville v. Surber
Judge in Saltville reviewed under seal several documents related to a former town employee. He eventually ruled that some of them must be released to a newspaper, over the former employee’s objection, and that others did not have to be released because they did not discuss public business. Read the full final order here.
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FOI Advisory Council Opinion AO-04-10
For the purpose of the definition of public records, the meaning of in the transaction of public business must be examined on a case by case basis. FOIA does not mandate how to perform a search for records, but any search that is conducted must be carried out in good faith.
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FOI Advisory Council Opinion AO-11-08
A record that is not prepared, owned, or possessed in the transaction of public business is not a public record subject to FOIA. When conducting private business, public officials and employees (in this case, a university law professor) should avoid indicia, such as agency letterhead, that make private records appear to carry the imprimatur of…
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Attorney General’s Opinion 2007 #027
List of concealed-carry gun permittees should be kept confidential by the state police because it might contain names of crime victims or witnesses.
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Rivera v. Long (Norfolk Circuit Court) (on costs and attorneys’ fees)
Judge rules on cost prevailing plaintiff should pay for copies of general registrar’s records, as well as on attorneys’ fees for the plaintiff’s attorney.
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FOI Advisory Council Opinion AO-08-06
Animal licensing records are open to the public under FOIA and §3.1-796.86. Public bodies should not collect from citizens information that will become part of a public record unless such collection is required or necessary to the mission of the public body.
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Rivera v. Long (Norfolk Circuit Court)
General Registrar must disclose rejection letters written to applicants to vote. Actual applications may be withheld under state election law.
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FOI Advisory Council Opinion AO-05-06
A request for statutes and regulations granting legal authority to a public body is not a request for public records as contemplated by FOIA. FOIA expressly provides the procedure to follow if a public body needs additional time to respond to a request. A response that does not meet the procedural requirements of FOIA is…
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FOI Advisory Council Opinion AO-14-03
The Onancock Business Civic Association is not a public body when it is participating in the Main Street Program, despite needing the assent of the local governing body to participate, because the association is not supported in whole or in part by public funds; local government’s consent does not create a principal-agent relationship requiring the…
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FOI Advisory Council Opinion AO-07-03
The Virginia State Bar’s list of attorneys licensed to practice in the Commonwealth should be disclosed under FOIA.
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Attorney General’s Opinion 2002 #149
confidential information provided to the Virginia Retirement System by limited partnerships in the private equity market may be exempt from disclosure under The Virginia Freedom of Information Act, provided such information meets the requirements of ßÃ2.2-3705(A)(47) of the Act. Even though the Retirement System may deny public access to such confidential information, the Retirement System…
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FOI Advisory Council Opinion AO-44-01
The name of a physician at a particular correctional facility is public information.
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FOI Advisory Council Opinion AO-42-01
There is no exemption in Virginia’s FOIA, and apparently not one in the federal FOIA either, for a list of names of individuals who have requested records under either act.
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FOI Advisory Council Opinion AO-34-01
Neither a volunteer fire company nor a committee created to handle the company’s finances are public bodies; the minutes taken by a non-public body nonetheless become public records when they are provided to a public body (such as a city council); a non-public body’s financial records in the possession of a local treasurer are not…
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FOI Advisory Council Opinion AO-16-01
List of concealed handgun permit holders is a public record.
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FOI Advisory Council Opinion AO-17-01
With respect to the Governor’s Development Opportunity Fund, records used for the governor’s personal or deliberative use are exempt, but records related to how grants are awarded or loans made are subject to disclosure under FOIA.
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FOI Advisory Council Opinion AO-02-01
The Board of Funeral Directors and Embalmers may, under a FOIA exemption, withhold the names of applicants for licensure.
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FOI Advisory Council Opinion AO-20-00
The annual report on the compensation plan being developed by the Department of Human Resources is a public record.
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FOI Advisory Council Opinion AO-03-00
A so-called master list of courses offered by a school during the next academic year, the times and who will be teaching them is a public record despite the list’s possible revision by the administration.