Remedies, Enforcement and Procedures
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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-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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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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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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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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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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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…
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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-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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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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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-15-03
Government employee requests under FOIA should not be treated differently from requests made by citizens; letter admonishing public employee for making a FOIA request goes against the legislative intent of FOIA; as long as records were produced in accordance with FOIA, there is no remedy under the act for the simultaneous abuse of the FOIA…
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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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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 1974-75 #569
Person seeking enforcement of FOIA provisions carries burden of proof. Plaintiff must submit affidavit in support of petition for injunction