Working Papers/Memoranda/Correspondence Exemption
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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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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-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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Sawyers v. Prince William County School Board
Direct messages sent by school superintendent through Twitter’s direct message platform are “correspondence” that can be withheld under the “working papers and correspondence” exemption of FOIA, 2.2-3705.7(2).
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FOI Advisory Council Opinion AO-08-18
Discusses the use of the contract negotiations and economic development records exemptions. FOIA allows a records custodian to disclose exempt records in his discretion. Also discuss the working papers exemption as it applies to Cabinet Secretaries.
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FOI Advisory Council Opinion AO-01-16
Records that have been prepared by or for the Office of the Governor for personal or deliberative use may be withheld as working papers. However, if those records are disseminated by the Office of the Governor to another agency for that agency’s use in carrying out its statutory duties, then the records may not be…
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FOI Advisory Council Opinion AO-17-04
the working papers exemption does not expire unless the working papers are disseminated or otherwise made public by the official to whom the exemption applies. Absent such a release, a record created by or for one of the named officials for his personal or deliberative use retains the characterization of a working paper.
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FOI Advisory Council Opinion AO-08-04
A master plan document required to be submitted to a housing authority, that comes into the director’s possession during the ordinary course of business, is not a working paper.
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FOI Advisory Council Opinion AO-12-02
To claim the working papers exemption, a locality can have only one chief executive, such as the mayor or the city manager. The choice is based on the form of government and the charter, not a title. Whichever one it is, a locality cannot switch back and forth from one to the other.
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FOI Advisory Council Opinion AO-50-01
A county administrator, as the chief executive officer of a county, can withhold correspondence between her and the board of supervisors under the working papers exemption.
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FOI Advisory Council Opinion AO-32-01
The city manager cannot invoke the working papers exemption to protect draft budget proposals. Because those documents are routinely generated pursuant to another law, which characterizes them as the city council’s property, during the ordinary course of business, they are subject to mandatory disclosure under FOIA.
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FOI Advisory Council Opinion AO-12-00
once city council members acted on a report that was arguably part of the city manager’s working papers, any exempt status is lost and the document becomes part of the public record.
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FOI Advisory Council Opinion AO-01-00
Inquiries as to the status of e-mail under the Freedom of Information Act, charges for electronic records, the working papers exemption, assessment of fees for producing a requested record, the meaning of ‘reasonable specificity’
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Richmond Newspapers v. Casteen
Materials that would nonetheless be official records standing alone may become exempt correspondence if they are transmitted to a qualified office as a letter.
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Redinger v. Casteen
Letters exchanged between an institution of higher learning and a law firm representing a university student are not exempt as work product compiled for use specifically for litigation.
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Taylor v. Worrell Enterprises
The governor’s itemized telephone bills are official records exempt from disclosure as memoranda, working papers or correspondence.
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Attorney General’s Opinion 1983-84 #447
General fund revenue estimates prepared by the governor’s advisory boards are considered working papers of the governor; Governor’s budget advisory boards must follow FOIA’s meeting requirements.
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Attorney General’s Opinion 1982-83 #724
A draft management letter is an official record.Working papers exemption lost when chief executive officer distributes a document to others.
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Attorney General’s Opinion 1982-83 #707
The phrase submitted in confidence in the working papers exemption refers to reports submitted by those outside the agency, not to internal reports.
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Attorney General’s Opinion 1981-82 #438
Newsletters prepared by county administrator summarizing issues to be discussed at the next board of supervisors meeting are official records open to the public, even if some of the topics are the proper subject of a closed meeting.
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Attorney General’s Opinion 1980-81 #395
Official records routinely generated in response to various statutes do not become the working papers of the chief executive officer merely because they are passed on to that office in the ordinary course of business.
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Attorney General’s Opinion 1979-80 #378
School board may not use personnel exemption to discuss general personnel priorities in exeuctive session. Materials held exclusively by school superintendent are exempt working papers even if the superintendent has given a presentation to school board personnel using those materials.
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Attorney General’s Opinion 1976-77 #315
Materials forwarded to individual school board members from the school superintendent are not exempt under the working papers exemption.
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Attorney General’s Opinion 1976-77 #317
Salaries of identifiable employees need not be disclosed. Working papers of school division superintendent are exempt, but not similar papers held by the school board.
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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.