Response To Request
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FOI Advisory Council Opinion AO-07-24
Any response by a public body to a FOIA request for public records shall comply with the provisions of subsection B of § 2.2-3704 of the Code of Virginia. The working papers exemption in subdivision 2 of § 2.2-3705.7 of the Code of Virginia was designed to provide a zone of privacy for the deliberative…
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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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FOI Advisory Council Opinion AO-03-23
Upon a receipt of a request, a public body must respond in accordance with the established provisions and timeframes in subsection B of § 2.2-3704. If part of the requested records are being withheld from release, a public body shall identify with reasonable particularity the subject matter of withheld portions, and cite, as to each…
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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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Webster v. Filler-Corn
District court judge imposes civil penalties on Speaker of the House for her inaccurate response to a FOIA request that a requested record did not exist.
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Attorney General opinion 20-043
Local governments do not have authority under §15.2-1413, which allows the adoption of modifications to essential functions during an emergency, to relax the deadlines by which to respond to FOIA requests.
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FOI Advisory Council Opinion AO-02-20
A public body may not provide a requester with a summary of an existing record instead of the record itself, even when the record may be redacted, unless the requester agrees to accept the summary instead.
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Harki v. Department of Corrections (2020)
A Norfolk Circuit Court Judge ruled April 15, 2020, that the Virginia Department of Corrections willfully and knowingly failed to provide a Virginian-Pilot reporter with documents he requested within the 5-day response time mandated by FOIA, nor did the VDOC ask for a 7-day extension. After repeated back and forth conversations between the reporter and…
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FOI Advisory Council Opinion AO-09-19
The fundraising exemption, subdivision A 7 of § 2.2-3705.4, allows a public body to withhold certain information maintained in connection with fundraising activities by or for a public institution of higher education. The identity of a donor may only be withheld under the fundraising exemption if the donor has requested anonymity in connection with or…
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Batterson v. Voorhees
Batterson v. Voorhees, Powhatan County Judge Paul W. Cella
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FOI Advisory Council Opinion AO-01-18
FOIA provides that public records must be disclosed except as otherwise specifically provided by law. Tax code provisions such as § 58.1-3 are “as otherwise specifically provided by law.” The statutory authority of this office is limited to FOIA matters.
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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-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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Virginia Department of Corrections v. Surovell (Supreme Court)
The Virginia Supreme Court rules that a trial court must make its own determination of the proprierty of withholding documents when a security interest is cited, but while doing so, it must accord “substantial weight” to the agency’s (in the case, the Virginia Department of Corrections) determinations.The court also holds that there is no duty…
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FOI Advisory Council Opinion AO-06-14
Public bodies have five working days to respond to a request for public records, and may invoke an additional seven working days to respond. The statutory remedy for a FOIA violation is to file a petition for mandamus or injunction supported by an affidavit showing good cause. Only a court may decide upon the appropriate…
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FOI Advisory Council Opinion AO-05-14
Requesters and public bodies may reach their own agreements on the terms of production of public records. Such agreements should address any variations in response timing and charges to which the parties agree.
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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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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-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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FOI Advisory Council Opinion AO-05-08
FOIA does not require a public body to provide records, or portions thereof, that are not responsive to a request. Implementing a universal security policy requiring all visitors to present identification before entering a public building does not inherently exclude the public from attending public meetings which may be held therein.
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FOI Advisory Council Opinion AO-02-08
Weekends and legal holidays are not counted as working days when computing the five working day time limit for a response to a request for public records. A public body must inform a requester in writing when it does not have the records the requester seeks. Clear communications are essential to the operation of FOIA.
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FOI Advisory Council Opinion AO-01-08
Records concerning a public body’s employment policies are open to disclosure. If a public body is unsure of the scope of a request, it should contact the requester to clarify the matter. A failure to respond to a records request is deemed a denial of the request and a violation of FOIA.
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Fenter v. Norfolk Airport Authority (Virginia Supreme Court)
Norfolk Airport Authority’s response that it had forwarded a citizen’s FOIA request to the Transportation Security Administration did not meet the standards of any of Virginia FOIA’s required responses.
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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…