FOIA
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FOI Advisory Council Opinion AO-09-24
As a general principle for FOIA, an entity that receives at least two-thirds, or 66.6 percent, of its operating budget from government sources would be supported wholly or principally by public funds. However, the question of whether an entity is supported principally by public funds is a question of fact that must be decided on…
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Transportation District Commission of Hampton Roads v. Raja (Circuit)
The chief judge of the Norfolk Circuit Court ruled the Transportation District Commission of Hampton Roads (HRT) did not have the duty to search employees’ personal phones, nor did it have the authority to compel the employees to turn their phones over, in response to a FOIA request for text messages about public business that might…
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Citizens for Fauquier County v. Warrenton (COA)
The Court of Appeals rules that a city/town invoking the working papers and correspondence exemption (in particular, the correspondence part), cannot invoke it on behalf of both the city/town mayor AND the city/town manager (or other executive officer). The city/town must choose between the two. The court also says that the method by which Warrenton…
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FOI Advisory Council Opinion AO-05-24
FOIA does not require a public body to charge a requester at all, but if charges are assessed, FOIA provides that a public body may only do so within the stated limitations. A public body may assess charges for the production of requested records which includes the hourly rate of pay for the staff that…
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FOI Advisory Council Opinion AO-03-23
Upon a receipt of a request, a public body must respond in accordance with the established provisions and timeframes in subsection B of § 2.2-3704. If part of the requested records are being withheld from release, a public body shall identify with reasonable particularity the subject matter of withheld portions, and cite, as to each…
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FOI Advisory Council opinion AO-02-23
A Governor-elect’s transition teams generally would not be public bodies subject to FOIA unless they are supported wholly or principally by public funds. Transition team records might be public records subject to FOIA (i) if the transition team is a public body because it is supported by public funds or (ii) if transition team records…
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FOI Advisory Council Opinion AO-01-23
Public Subsection D of § 15.2-2907 exempts the Commission on Local Government and certain meetings from FOIA, but does not otherwise address access to public records under FOIA. Also discussed the attorney-client privilege exemption, delivery methods and remedies available under FOIA.
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Stanfield v. Norfolk (Circuit Court)
A Norfolk circuit judge ruled that elected officials are not public bodies who have to respond to FOIA requests, the public body’s response obligations are triggered when one of those officials receives a request. The judge also makes rulings on providing a “legal address” in a request and on unauthorized prepayment requirements for requests estimated…
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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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Kessler v. Charlottesville (Cir. Ct.)
The Public Records Act “clearly has an administrative purpose — and seems, in fact, totally administrative and procedural — for the benefit of the good operation of the state government and its agencies and (unlike FOIA) not for the benefit of individual citizens themselves.” The court confirms that text messages are public records, however: “If the documents…
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FOI Advisory Council Opinion AO-02-21
The Parole Board is largely excepted from FOIA, but that exception only applies to the Board itself. However, the Office of the State Inspector General (OSIG) may withhold certain records it receives from the Board pursuant to the administrative investigation exemption at subdivision 7 of § 2.2-3705.3. The same exemption requires that OSIG must release…
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Schilling v. JAUNT (general district court)
Albermarle General District Court Judge Matthew J. Quatrara ruled that the Jefferson Area United Transportation (JAUNT) service meets the definition of a public body and is thus subject to FOIA. Including money it gets from federal sourcces, JAUNT is “wholly or principally” supported by taxpayer funds. The judge said their was no statutory authority or court…
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Attorney General opinion 20-043
Local governments do not have authority under §15.2-1413, which allows the adoption of modifications to essential functions during an emergency, to relax the deadlines by which to respond to FOIA requests.
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FOI Advisory Council Opinion AO-01-20
Closed meeting motions must include a subject, purpose, and citation and must be set forth in detail in the meeting minutes. Votes taken after a closed meeting must reasonably identify the substance of the vote. Meeting minutes must include a summary of the discussion on matters proposed, deliberated or decided, and a record of any…
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Bragg v. BOS (Rappahannock County)
A Rappahannock County circuit judge ruled the board of supervisors there improperly closed a meeting to talk about an advertisement seeking a replacement for an outgoing county attorney as well as alternatives to the county attorney set-up. The topic was not “legal advice,” nor did it fall under the personnel exemption for “prospective candidates for employment.”
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Transparent GMU v. George Mason, Supreme Court opinion
GMU Foundation not subject to Virginia FOIA and not a university agent, therefore university not responsible for accessing foundation’s records, either.
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FOI Advisory Council Opinion AO-08-19
The exemption in subdivision 13 of § 2.2-3705.1 applies to certain account numbers and routing information, but does not address the names of credit card holders. The expedited hearing provisions in § 2.2-3713 apply regardless of whether a petition is filed in general district court or circuit court. Only a court may rule on evidentiary…
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Attorney General opinion 19-023
The Tourism Council of the Greater Williamsburg Chamber and Tourism Alliance is a public body subject to FOIA.
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FOI Advisory Council Opinion AO-05-19
Charges for public records are limited to reasonable charges not to exceed the public body’s actual costs, but the question of whether a particular charge is reasonable may be decided only by a court.
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FOI Advisory Council opinion AO-01-19
Access to health records is addressed by FOIA and other specific laws outside of FOIA. Where the laws differ, the more specific provisions are controlling.
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VITA v. Turner
Richmond Circuit Judge Designate William N. Alexander II entered an order Oct. 15, 2018, that (1) FOIA does not apply to “the judiciary, including the Executive Secretary”; (2) enforcement of FOIA against the judiciary and the OES is “barred by the doctrine of sovereign immunity, which has not been waived.”; and (3) separation of powers bars…
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Transparent GMU v. GMU order: July 5, 2018
Fairfax Circuit Court rules GMU Foundation is not subject to FOIA, nor is the university required to respond to a FOIA request on the foundation’s behalf.
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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-01-18
FOIA provides that public records must be disclosed except as otherwise specifically provided by law. Tax code provisions such as § 58.1-3 are “as otherwise specifically provided by law.” The statutory authority of this office is limited to FOIA matters.
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Hurst v. City of Norfolk (circuit court)
In a case brought against the City of Norfolk alleging violations of FOIA’s response times and fee estimates, a Norfolk Circuit Court gives much deference to FOIA Council prior opinions and finds: the city waived its objection to the plaintiff’s failure to file an affidavit of good cause by not bringing it up within 7…