Records
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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-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-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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911 tapes are public record, judge rules
— The public has a right to hear the 911 call made by a mother accused of killing her son, a judge ruled April 13.
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FOI Advisory Council Opinion AO-06-05
If a public body elects to abstract or summarize records, it can only charge for such a newly created record after a prior agreement with the requester.
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FOI Advisory Council Opinion AO-08-05
Accident reports containing information on juveniles are not to be treated any differently than reports containing information on adults
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FOI Advisory Council Opinion AO-07-05
Nothing in FOIA prohibits the release of the name of a juvenile shot and killed by a police officer, but §16.1-301 appears to serve as a broad prohibition against the release of law-enforcement records relating to juvniles.
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William H. Turner v. Virginia Board of Dentistry, Department of Health Professions, et al.
Board of Dentistry meeting minutes were inadequate, did not include even a summary of the discussion on a particular subject and decision. Attorney fees awarded for FOIA violation. No wilful violation found.
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Albright v. Woodfin
NOTE: Scroll to end for another ruling in a district court proceeding, June 10, 2005, between Albright and the Attorney General over advance-estimating of costs for filling a FOIA request. Lee H. Albright v. William Woodfin et al., CL05-0006, Nelson County Circuit Court May 26, 2005 Judge J. Michael Gamble I am writing to issue…
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FOI Advisory Council Opinion AO-04-05
a list of websites and keywords blocked by the school district’s computer network firewall may be exempt from disclosure because those records may reveal the design and/or function of part of the school’s security system.
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FOI Advisory Council Opinion AO-03-05
personnel files at most governmental agencies are available to the subject of the records, but not if the subject is the employee of an educational agency.
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FOI Advisory Council Opinion AO-02-05
Nothing in FOIA prohibits the release of the name of a juvenile shot and killed by a police officer, but §16.1-301 appears to serve as a broad prohibition against the release of law-enforcement records relating to juvniles.
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FOI Advisory Council Opinion AO-26-04
The Virginia Board of Bar examiners has discretion under §54.1-108 to withhold the passing score an individual made on the bar exam, even when it is the subject individual making the request. The Virginia Board of Bar Examiners can elect to withhold aggregate data on bar exam results under the board’s broad grant of authority…
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FOI Advisory Council Opinion AO-23-04
Citizen applications for a vacant board of supervisors seat are exempt from disclosure as personnel records. A public body may charge $6 for a two-page document if that reflects the actual cost to the public body to produce it.
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Wigand v. Wilkes
Public television and radio station not a public body because less than two-thirds of funding comes from public money, and they do not perform a delegated governmental function.
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FOI Advisory Council Opinion AO-17-04
the working papers exemption does not expire unless the working papers are disseminated or otherwise made public by the official to whom the exemption applies. Absent such a release, a record created by or for one of the named officials for his personal or deliberative use retains the characterization of a working paper.
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FOI Advisory Council Opinion AO-18-04
registrar clerk erred by requiring requester to put verbal FOIA request in writing. Freedom of Information Advisory Council has no authority to investigate or enforce possible FOIA violations. Dispute over whether a record exists is a fact issue for a court to resolve.
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FOI Advisory Council Opinion AO-16-04
It appears that the intent of the law would indicate that if records do not exist, this should be stated in writing to the requester. once a deposit is requested from the public body, a requester does not have the right to demand that certain records that are believed to be easily accessible be provided…
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FOI Advisory Council Opinion AO-14-04
The exemption that allows withholding of personal information…concerning persons participating in or persons on the waiting list for federally funded rent-assistance programs applies only to the tenants’ records, not the records of the contracts landlords enter into with local housing authorities.
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FOI Advisory Council Opinion AO-13-04
Personal records of a university theater department audition committee member are not disclosable under FOIA or FERPA, but any standardized evaluation forms must be released to the subject student. Records pertaining to audition guidelines or procedures would be available to anyone.
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FOI Advisory Council Opinion AO-11-04
Records of all investigations of the Department of Health Professions, and not just records of active investigations, are confidential, even to the subject of the records..
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FOI Advisory Council Opinion AO-10-04
An outside attorney’s bill to a locality must be disclosed under FOIA, though portions that reveal the substantive details of the attorney’s representation may be redacted. FOIA does not require a verbal response to a request for information.
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FOI Advisory Council Opinion AO-09-04
When choosing to withhold records from disclosure, the specific statutory authority must be cited; reference to a legislative bill is not appropriate. The school safety audit exemption does not apply to the entire audit, only the portions revealing specific security vulnerabilities.