To Whom Applicable: Public Bodies
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FOI Advisory Council Opinion AO-09-24
As a general principle for FOIA, an entity that receives at least two-thirds, or 66.6 percent, of its operating budget from government sources would be supported wholly or principally by public funds. However, the question of whether an entity is supported principally by public funds is a question of fact that must be decided on…
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FOI Advisory Council opinion AO-02-23
A Governor-elect’s transition teams generally would not be public bodies subject to FOIA unless they are supported wholly or principally by public funds. Transition team records might be public records subject to FOIA (i) if the transition team is a public body because it is supported by public funds or (ii) if transition team records…
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Stanfield v. Norfolk (Circuit Court)
A Norfolk circuit judge ruled that elected officials are not public bodies who have to respond to FOIA requests, the public body’s response obligations are triggered when one of those officials receives a request. The judge also makes rulings on providing a “legal address” in a request and on unauthorized prepayment requirements for requests estimated…
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FOI Advisory Council Opinion AO-02-21
The Parole Board is largely excepted from FOIA, but that exception only applies to the Board itself. However, the Office of the State Inspector General (OSIG) may withhold certain records it receives from the Board pursuant to the administrative investigation exemption at subdivision 7 of § 2.2-3705.3. The same exemption requires that OSIG must release…
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Schilling v. JAUNT (general district court)
Albermarle General District Court Judge Matthew J. Quatrara ruled that the Jefferson Area United Transportation (JAUNT) service meets the definition of a public body and is thus subject to FOIA. Including money it gets from federal sourcces, JAUNT is “wholly or principally” supported by taxpayer funds. The judge said their was no statutory authority or court…
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FOI Advisory Council Opinion AO-01-20
Closed meeting motions must include a subject, purpose, and citation and must be set forth in detail in the meeting minutes. Votes taken after a closed meeting must reasonably identify the substance of the vote. Meeting minutes must include a summary of the discussion on matters proposed, deliberated or decided, and a record of any…
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Transparent GMU v. George Mason, Supreme Court opinion
GMU Foundation not subject to Virginia FOIA and not a university agent, therefore university not responsible for accessing foundation’s records, either.
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Attorney General opinion 19-023
The Tourism Council of the Greater Williamsburg Chamber and Tourism Alliance is a public body subject to FOIA.
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FOI Advisory Council opinion AO-01-19
Access to health records is addressed by FOIA and other specific laws outside of FOIA. Where the laws differ, the more specific provisions are controlling.
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Transparent GMU v. George Mason University order
A Fairfax Circuit County judge’s order on various pretrial motions in a case brought by a transparency group against George Mason University and the George Mason University Foundation, Inc.
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Davison v. Dunnavant
Virginia state senators are not individually subject to FOIA. (OVERRULED by a subsequent decision)
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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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FOI Advisory Council Opinion AO-03-15
The Office of Executive Secretary by statute operates and maintains a case management system, the operation and maintenance of the system is the transaction of OES' public business, and therefore OES' case management records are public records subject to FOIA. By operation of law, the respective clerks also remain custodians of those records, and they…
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FOI Advisory Council Opinion AO-01-15
A private entity that exercises no governmental authority and is not wholly or principally supported by government funds is not a public body subject to FOIA’s records and meeting requirements. Money received by a private entity from government sources under a procurement contract should not be used to determine whether an entity is wholly or…
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FOI Advisory Council Opinion AO-04-13
A committee that was created by action of a city council, but does not advise the city council or perform a delegated function of the city council, is not a public body subject to FOIA for meetings purposes. However, records of such a committee that are in the transaction of public business are public records…
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FOI Advisory Council Opinion AO-07-12
A public instrumentality exercising public and essential governmental functions (in this case, Crooked Road) is a public body subject to FOIA.
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FOI Advisory Council Opinion AO-05-11
A rescue squad which is a town department is subject to FOIA for records purposes, but is not subject to the open meetings requirements of FOIA.
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FOI Advisory Council Opinion AO-12-09
The Virginia State Bar is a public body subject to FOIA. A task force created by a public employee to advise that employee is not a public body. Records in the possession of a public body or employee in the transaction of public business are public records. Questions regarding constitutional separation of powers are beyond…
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FOI Advisory Council Opinion AO-11-09
An advisory group created by a public body to advise the public body would itself be a public body subject to FOIA. However, such a group created by a public employee to advise the employee would not be a public body. Likewise, such an advisory group would not be a public body if it was…
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FOI Advisory Council Opinion AO-09-09
A nonprofit foundation that raises funds from private sources to pay for its own operations and to provide financial support to a government entity is not a public body subject to FOIA.
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FOI Advisory Council Opinion AO-05-09
Boards of equalization are public bodies and are required to keep minutes of their meetings. Even before law takes effect July 1, 2009, minutes should be in writing. Audio recordings cannot be a substitute. Votes must be recorded, though those who vote need not be identified.
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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-12-08
As a general rule, an individual member of a board, designated as a liaison to staff, is not a public body for meetings purposes. Records prepared, owned, or possessed by that member in the transaction of public business are public records subject to FOIA.
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FOI Advisory Council Opinion AO-11-08
A record that is not prepared, owned, or possessed in the transaction of public business is not a public record subject to FOIA. When conducting private business, public officials and employees (in this case, a university law professor) should avoid indicia, such as agency letterhead, that make private records appear to carry the imprimatur of…
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FOI Advisory Council Opinion AO-10-08
The records of a community center created and funded by local government, operated by a nonprofit organization acting pursuant to a contract with the local government, are public records subject to FOIA.