FOIA
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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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FOI Advisory Council Opinion AO-10-08
The records of a community center created and funded by local government, operated by a nonprofit organization acting pursuant to a contract with the local government, are public records subject to FOIA.
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FOI Advisory Council Opinion AO-09-08
FOIA provides that public bodies bear the burden of proof to establish an exemption by a preponderance of the evidence. However, FOIA is silent regarding whether a requester may challenge as an abuse of discretion a decision not to disclose records that are excluded from mandatory disclosure pursuant to a valid exemption, once the exemption…
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FOI Advisory Council Opinion AO-07-08
Failure to respond to a request for records is deemed a denial of the request and a violation of FOIA. Clear communications are essential to FOIA transactions.
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Giarratano v. Johson (4th U.S. Circuit Court of Appeals)
Virginia Freedom of Information Act’s prohibition on prisoner use for records not related to their court cases is constitutionally sound.
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FOI Advisory Council Opinion AO-03-08
FOI Advisory Council discusses exemptions on vendor proprietary records, security system manuals, and school safety audits. Also discussed: duty of government to seek clarification if records request is confusing; failure to identify the volume of records requested that are subject to an exemption; and improperly denying records based on the sheer volume of the request.
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Davis v. City of Chesapeake (Chesapeake Circuit Court)
The Government Data Collection and Dissemination Practices Act is not an exemption to FOIA’s disclosure requirements. City may not charge for summary/abstract of record without first reaching an agreeement with the requester.
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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-07-07
A center for independent living that receives 93% of its funding from public sources is a public body subject to FOIA.
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FOI Advisory Council Opinion AO-05-07
The student government of a public institution of higher education is a public body subject to FOIA. The branches of student government are analogous to the organization of government generally (i.e., legislative, executive, and judicial). (Several other related issues discussed.)
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FOI Advisory Council Opinion AO-04-07
The authority of the FOIA Council is limited by statute to providing advisory opinions and guidance regarding FOIA. An opinion advising on the interaction of boat titling and registration laws with provisions of the Government Data Collections and Dissemination Practices Act would be beyond the authority of this office.
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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 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-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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FOI Advisory Council Opinion AO-07-06
American Society of Civil Engineers is not a public body because its funding comes primarily from grants. Records provided by the body to the Secretary of Transportation or the Department of Rail and Public Transportation would be public records, though. And because of intense public interest, the ASCE "might wish to consider opening the meetings…
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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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Bland v. Virginia State University (Supreme Court, 6/8/06)
In FOIA cases, complete set of records must be included on appeal to afford Supreme Court full review on the merits. Trial court erred in refusing plaintiff’s motion to include full set of records.
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FOI Advisory Council Opinion AO-06-06
Opining whether a FOIA provision violates substantive due process under the federal Constitution is beyond the authority of the FOIA Council.
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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-03-06
It is beyond the scope of the FOI Advisory Council’s authority to interpret the rules of either house of the General Assembly. There is no joint conference of the General Assembly after adjournment sine die.
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FOI Advisory Council Opinion AO-09-05
Financial status of Virginia Performing Arts Foundation is difficult to ascertain by a non-fact-finding entity, such as the Freedom of Information Advisory Council. VPAF does not appear to be a public body at the time of the FOIA request being made here. Many of the records in the possession of a party not subject to…
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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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Cartwright v. Commonwealth Transportation Commission
It is not necessary for a plaintiff asking for a writ of mandamus under FOIA to prove that he has no other adequate remedy at law. Agency’s provision of sought-after records after litigation has been initiated over access to those records does not moot case.
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FOI Advisory Council Opinion AO-28-04
The issue of whether a private entity that receives less than 66 percent of its budget from governmental sources is principally supported by public funds must be considered on a case-by-case basis. The receipt by a private entity of public money derived from arm’s length transactions, without any other source of public funds, should not…
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FOI Advisory Council Opinion AO-27-04
A task force created by a mayor-elect is not a public body subject to FOIA, as the Mayor-elect is not an official covered by FOIA until he takes office.