To Whom Applicable: Public Bodies
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Giarratano v. Johson (4th U.S. Circuit Court of Appeals)
Virginia Freedom of Information Act’s prohibition on prisoner use for records not related to their court cases is constitutionally sound.
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FOI Advisory Council Opinion AO-10-07
Determining whether an entity is a public body as a committee, subcommittee, or other entity however designated of a public body depends on how the entity was formed and what functions it performs.
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FOI Advisory Council Opinion AO-07-07
A center for independent living that receives 93% of its funding from public sources is a public body subject to FOIA.
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FOI Advisory Council Opinion AO-05-07
The student government of a public institution of higher education is a public body subject to FOIA. The branches of student government are analogous to the organization of government generally (i.e., legislative, executive, and judicial). (Several other related issues discussed.)
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FOI Advisory Council Opinion AO-10-06
A nonprofit foundation created by private citizens that voluntarily works with localities for the public good, but does not receive public funding, is not a public body subject to FOIA.
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FOI Advisory Council Opinion AO-09-06
An entity (in this case, a redistricting committee assisting a school board) that states that its meetings are open to the public should provide public notice of those meetings, whether or not the entity is subject to FOIA.
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FOI Advisory Council Opinion AO-07-06
American Society of Civil Engineers is not a public body because its funding comes primarily from grants. Records provided by the body to the Secretary of Transportation or the Department of Rail and Public Transportation would be public records, though. And because of intense public interest, the ASCE "might wish to consider opening the meetings…
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FOI Advisory Council Opinion AO-03-06
It is beyond the scope of the FOI Advisory Council’s authority to interpret the rules of either house of the General Assembly. There is no joint conference of the General Assembly after adjournment sine die.
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FOI Advisory Council Opinion AO-09-05
Financial status of Virginia Performing Arts Foundation is difficult to ascertain by a non-fact-finding entity, such as the Freedom of Information Advisory Council. VPAF does not appear to be a public body at the time of the FOIA request being made here. Many of the records in the possession of a party not subject to…
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FOI Advisory Council Opinion AO-10-05
Study commission appointed to advise public body is also a public body. Public body may impose restrictions on placement and use of recording devices, but may not prohibit recording.
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FOI Advisory Council Opinion AO-28-04
The issue of whether a private entity that receives less than 66 percent of its budget from governmental sources is principally supported by public funds must be considered on a case-by-case basis. The receipt by a private entity of public money derived from arm’s length transactions, without any other source of public funds, should not…
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FOI Advisory Council Opinion AO-27-04
A task force created by a mayor-elect is not a public body subject to FOIA, as the Mayor-elect is not an official covered by FOIA until he takes office.
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FOI Advisory Council Opinion AO-22-04
It is the policy of the FOIAC not to issue advisory opinions on matters in pending litigation, or on matters that have already been decided by a judge of competent jurisdiction. Whether or not an entity is a public body is to be measured at the time a request for records is made. Even if…
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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-06-04
Town-created strategic planning committee is a public body. The Onancock Business and Civic Organization is not a public body because, exclusive of public grant funding, it receives only 36% of its funding from governmental monies. FOI Advisory Council cannot advise on what is or should be meaningful citizen participation. Nothing in FOIA prohibits receivers of…
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Beck v. Shelton
FOIA does not apply to members-elect. Exchange of multiple e-mails over a several-hour period not an illegal electronic meeting. Neighborhood meeting no FOIA violation.
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FOI Advisory Council Opinion AO-03-04
When a locality delegates its animal control authority to a third party (in this case, the SPCA, a charitable organization), the records of that party related to its animal control functions are open to the public. When a locality delegates its animal control authority to a third party (in this case, the SPCA, a charitable…
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FOI Advisory Council Opinion AO-01-04
The Metropolitan Washington Airport Authority, an interstate compact between Virginia, D.C. and Maryland, is subject to FOIA because the compact’s terms says that Virginia law applies in cases raised under the compact. Public body may recoup costs of providing records. Records detailing legal advice given to public body may be withheld.
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FOI Advisory Council Opinion AO-19-03
Records held by Barnes & Noble relating to the management of pulbic university bookstores are subject to FOIA if the store is acting as the university’s agent, but not if the store is acting as an independent contractor. University may not frustrate public policy of access to records on the transaction of public business by…
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FOI Advisory Council Opinion AO-18-03
A university student organization supported wholly or principally by public funds is subject to FOIA as an independent body; the parent university is not the custodian of the organization’s records. It is recommended that a FOIA request made of a public body that is not the custodian of the records sought should be forwarded on…
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FOI Advisory Council Opinion AO-13-03
Virginia Baseball Stadium Authority is a public body subject to FOIA. A press conference attended by a quorum of a public body or committee members representing the body is a meeting under FOIA. Virginia Baseball Stadium Authority may not deny media kits to citizens who request them. Virginia Baseball Stadium Authority may not exclude members…
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FOI Advisory Council Opinion AO-09-03
A volunteer fire department that receives roughly 90% of its funds from state and local government sources is a public body subject to FOIA.
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FOI Advisory Council Opinion AO-17-02
The Halifax Industrial Development Authority is a public body subject to FOIA. The FOI Advisory Council’s formal written and informal opinions are advisory only; they do not carry the enforcement authority of a court ruling.
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FOI Advisory Council Opinion AO-11-02
The FOI Advisory Council does not have authority to interpret the First Amendment. A circuit court is subject to FOIA. If the clerk’s office maintains a digital database of land conveyances, that database must be made accessible to a requester.
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FOI Advisory Council Opinion AO-09-02
Ironbridge Acres, a wholly owned subsidiary of the Petersburg Hospital Authority is a public body subject to FOIA.