FOIA
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FOI Advisory Council Opinion AO-41-01
Though a lcoal chamber of commerce is not a public body, records it keeps on tourism at the request and as an agent of a city council are subject to disclosure under FOIA. The chamber, not the city council is the custodian of the records where the city is not statutorily required to maintain tourism…
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FOI Advisory Council Opinion AO-38-01
It is not a violation of FOIA for public body members to reach a consensus in closed session, but nothing is official until a vote in open session has been taken; a motion to close a meeting listing only the purpose and the statutory citation is inadequate because it does not also identify the purpose…
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FOI Advisory Council Opinion AO-37-01
An agency remains the legal custodian of records it is mandated by law to maintain, even if it does not retain physical custody of the records.
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FOI Advisory Council Opinion AO-36-01
Whether an entity is supported wholly or principally by public funds is a case-by-case determination based on the totality of all revenue sources; however, as a guideline, an entity recieving at least two-thirds of its funding from the government is a public body.
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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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Connell v. Kersey
(NOTE: The 2002 General Assembly added an amendment to FOIA reversing this decision and making clear that all constitutional offices are subject to FOI law.) Present: All the Justices JAMES G. CONNELL III v ANDREW KERSEY OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. Record No. 001729 June 8, 2001 FROM THE CIRCUIT COURT OF FAIRFAX…
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FOI Advisory Council Opinion AO-24-01
Citizens advisory committee established to make recommendations to the State Transportation Board is subject to FOIA.
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FOI Advisory Council Opinion AO-23-01
Student government of state college is subject to FOIA when supported wholly or principally by public funds.
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FOI Advisory Council Opinion AO-19-01
With the exception of certain statistical information and financial records, the Virginia Parole Board’s records are not subject to FOIA.
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FOI Advisory Council Opinion AO-09-01
As an agency of the county, a neighborhood connections office is subject to FOIA.
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FOI Advisory Council Opinion AO-10-00
Virginia School Boards Association is not subject to FOIA; members of individual school boards attending a VASB conference should refrain from discussing public business without notifying the public.
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FOI Advisory Council Opinion AO-16-00
A volunteer rescue squad supported primarily through private donations is not a public body subject to FOIA.
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FOI Advisory Council Opinion AO-09-00
Roberts Rules of Order is subordinate to FOIA in the event of any conflict between the two.
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Fisher v. King
No 1st Amendment right of access to government-held information.
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Connell v. Kersey
Commonwealth Attorney not a public body under FOIA. Criminal incident information need only be summarized; the actual records need not be disclosed.
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Lawrence v. Jenkins
Not an FOIA violation when a public official chooses to exercise an exemption, redacted exempt information, but failed to timely cite the applicable Code section for the exemption.
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Attorney General’s Opinion 1995 #004
FOIA not applicable to private businesses and corporations if their funding is not wholly or principally drawn from public funds
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RF&P Corp. v. Little
A corporation to which the Virginia Retirement System appoints two board of trustee members is not a public body under FOIA. A willful and knowing violation of FOIA warrants the imposition of a civil penalty.
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Little v. Virginia Retirement System
an individual’s wilful and knowing violation of FOIA merits penalty
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Little v. Virginia Retirement System
Is the RF&P Corporation a public body subject to FOIA? Has there been a willful violation of FOIA?
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Attorney General’s Opinion 1992 #004
A legislative change making certain records public under FOIA may be applied retroactively.
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Attorney General’s Opinion 1987-88 #236
Planning districts are public bodies. Advisory committees and subcommittees of a planning district are subject to FOIA.
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Students for Animals v. Animal Research Committee, U.Va.
CIRCUIT COURT OF THE CITY OF RICHMOND Students for Animals v. The Rector and Board of Visitors of The University of Virginia, and Animal Care Committee, etc. Case No. N-6464-3 May 26, 1988 By Judge T. J. Markow This is a petition under the Freedom of Information Act requesting that the court order that meetings…
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Attorney General’s Opinion 1985-86 #333
HUD reports are exempt to the extent that they reveal information about identifiable employees
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Attorney General’s Opinion 1985-86 #103
General legal matters are not a proper subject for closed meeting. Legal matters must be specific. Board of zoning appeals is subject to FOIAÄ…s meeting requirements.