FOIA
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Transparent GMU v. George Mason University order
A Fairfax Circuit County judge’s order on various pretrial motions in a case brought by a transparency group against George Mason University and the George Mason University Foundation, Inc.
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FOI Advisory Council opinion AO-07-17
Following the policy and procedures of FOIA, all public records, including procurement records, must be disclosed upon request unless an exemption or other specific provision of law allows the records to be withheld.
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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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Davison v. Dunnavant
Virginia state senators are not individually subject to FOIA. (OVERRULED by a subsequent decision)
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FOI Advisory Council Opinion AO-01-17
Opinion summarizes the requirements for responding to a request. A failure to respond to a request for public records is deemed a denial and a violation of FOIA. The statutory remedy for a violation is to file a petition for mandamus or injunction in general district or circuit court. The Newport News Economic/Industrial Development Authority…
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FOI Advisory Council Opinion AO-02-16
A motion to convene a closed meeting that contains a general reference to the subject matter to be discussed does not satisfy the requirement to identify the subject. If a member feels that a closed meeting discussion strays beyond the matters identified in the motion to convene, that member shall make a statement to that…
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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-03-15
The Office of Executive Secretary by statute operates and maintains a case management system, the operation and maintenance of the system is the transaction of OES' public business, and therefore OES' case management records are public records subject to FOIA. By operation of law, the respective clerks also remain custodians of those records, and they…
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FOI Advisory Council Opinion AO-01-15
A private entity that exercises no governmental authority and is not wholly or principally supported by government funds is not a public body subject to FOIA’s records and meeting requirements. Money received by a private entity from government sources under a procurement contract should not be used to determine whether an entity is wholly or…
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FOI Advisory Council Opinion AO-02-14
FOIA does not define the term "custodian," but for FOIA purposes, generally the custodian is the person in charge of public records. Each public body may designate who is to act as custodian of its public records. FOIA does not apply to records that are not public records in the transaction of public business.
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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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McBurney v. Young
The U.S. Supreme Court rules (9-0) that Virginia FOIA’s limitation on out-of-state requests (i.e., requests from out of state do not have to be honored) is constitutional.
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FOI Advisory Council Opinion AO-07-12
A public instrumentality exercising public and essential governmental functions (in this case, Crooked Road) is a public body subject to FOIA.
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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-04-10
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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Cline v. Augusta County and Board of Equalization of Augusta County
Augusta County Circuit Court judge rules that county Board of Equalization violated FOIA by meeting in a small, inaccessible room with a sign on the door directing the public to wait outside until their case was called. Full text of the opinion (PDF)
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FOI Advisory Council Opinion AO-12-09
The Virginia State Bar is a public body subject to FOIA. A task force created by a public employee to advise that employee is not a public body. Records in the possession of a public body or employee in the transaction of public business are public records. Questions regarding constitutional separation of powers are beyond…
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FOI Advisory Council Opinion AO-11-09
An advisory group created by a public body to advise the public body would itself be a public body subject to FOIA. However, such a group created by a public employee to advise the employee would not be a public body. Likewise, such an advisory group would not be a public body if it was…
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FOI Advisory Council Opinion AO-09-09
A nonprofit foundation that raises funds from private sources to pay for its own operations and to provide financial support to a government entity is not a public body subject to FOIA.
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FOI Advisory Council Opinion AO-05-09
Boards of equalization are public bodies and are required to keep minutes of their meetings. Even before law takes effect July 1, 2009, minutes should be in writing. Audio recordings cannot be a substitute. Votes must be recorded, though those who vote need not be identified.
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FOI Advisory Council Opinion AO-01-09
The Office of the Executive Secretary of the Supreme Court of Virginia is an agency of the Commonwealth supported wholly or principally by public funds; opinion also address response time, and failure to respond properly.
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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.