Scope
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FOI Advisory Council Opinion AO-05-19
Charges for public records are limited to reasonable charges not to exceed the public body’s actual costs, but the question of whether a particular charge is reasonable may be decided only by a court.
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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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Cline v. Augusta County and Board of Equalization of Augusta County
Augusta County Circuit Court judge rules that county Board of Equalization violated FOIA by meeting in a small, inaccessible room with a sign on the door directing the public to wait outside until their case was called. Full text of the opinion (PDF)
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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-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-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-05-03
A city’s response for a demand of records under a subpoena duces tecum is governed by rules of the Supreme Court, not FOIA, even if those records would otherwise be available under FOIA.
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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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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 1984-85 #420
Meetings to discuss employment terms and contract of school board superintendent are properly closed, but the action of employing the superintendent must take place in open session. Employment contract of school superintendent is open.
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Attorney General’s Opinion 1983-84 #280
FOIA and Privacy Protection Act may work in concert; theyÄ…re not mutually exclusive.
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Attorney General’s Opinion 1983-84 #314
An exhibit is not automatically converted into a personnel record simply because it is introduced in a grievance procedure. FOIA and the Privacy Protection Act notwithstanding, a teacher has the statutory right to a private grievance hearing.
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Attorney General’s Opinion 1982-83 #723
Secret ballots in open meeting not allowed.
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Attorney General’s Opinion 1981-82 #284
Nothing in the Privacy Act prohibits the release of the names and addresses of health professionals licensed by the Health Regulatory Board.
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Attorney General’s Opinion 1981-82 #190
No other statute prohibits the release of information regarding instances of substandard care in opthalmological services to the state board of optometry.
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Attorney General’s Opinion 1981-82 #060
Circuit court is a public agency under FOIA. Absent a court order, circuit court clerk cannot deny access to divorce files.
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Attorney General’s Opinion 1979-80 #236
Medicare and Medicaid cost reports are open records. Court rulings interpreting the federal FOIA do not apply to Virginia’s FOIA.
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Attorney General’s Opinion 1977-78 #481A
Constitutional officers, such as treasurers, have the same rights of governmental access as any citizen.
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Attorney General’s Opinion 1976-77 #309
FOIA applies to the General Assembly and its clerks. The telephone recrods of General Assembly members are not exempt as working papers.
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Attorney General’s Opinion 1974-75 #576
Complaints filed with the county human rights commission and/or tenant-landlord commission are public records. FOIA provisions trump conflicting city ordinances.
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Attorney General’s Opinion 1975-76 #071
FOIA does not apply to inspection of bid records; another Code provisions regulates this area.
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Attorney General’s Opinion 1975-76 #223
Other Code provisions prohibit release of information to parents of minors tested for venereal and other contagious diseases.
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Attorney General’s Opinion 1974-75 #574
Meetings between city manager and city council are public unless an exemption applies. Conflicting city charter provisions trump FOIA.