Advisory Council
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FOI Advisory Council Opinion AO-36-01
Whether an entity is supported wholly or principally by public funds is a case-by-case determination based on the totality of all revenue sources; however, as a guideline, an entity recieving at least two-thirds of its funding from the government is a public body.
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FOI Advisory Council Opinion AO-34-01
Neither a volunteer fire company nor a committee created to handle the company’s finances are public bodies; the minutes taken by a non-public body nonetheless become public records when they are provided to a public body (such as a city council); a non-public body’s financial records in the possession of a local treasurer are not…
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FOI Advisory Council Opinion AO-35-01
Unlike an annual request to be notified of meetings, FOIA does not require a public body to honor a standing request for records; however, to ease the administrative burden of responding multiple requests, the body may want to honor the annual request.
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FOI Advisory Council Opinion AO-33-01
According to the federal Family Policy Compliance Office, even if a school/university has designated certain student information as directory information, it can still withhold the information in its discretion.
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FOI Advisory Council Opinion AO-31-01
Though a public body may discuss the sale of publicly held real property in closed meeting, FOIA and subsection B of ß15.2-1800 require a public meeting and vote before selling the property.
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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-29-01
Parent is entitled to view school investigatory records relating to his/her child, but portions identifying other students, teachers or attorney-client privileged information may be withheld.
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FOI Advisory Council Opinion AO-30-01
A specific provision outside of FOIA prohibits the release of investigatory files by the Board of Social Work, even to the subject of the file.
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FOI Advisory Council Opinion AO-27-01
There is no blanket exemption preventing the Commissioner of Revenue from releasing any information; the legal name of a business on the commissioner’s tax roles is subject to disclosure.
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FOI Advisory Council Opinion AO-28-01
Actions taken pertaining to a specific school employee may be withheld, but also may be disclosed; the name, salary and job assignment of school employees must be disclosed.
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FOI Advisory Council Opinion AO-26-01
No exemption applies to allow for confidential discussion over construction plans for a previously approved restaurant
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FOI Advisory Council Opinion AO-25-01
Government entity may charge the actual cost, including an hourly rate for the time reasonably necessary, to fulfill an FOIA request.
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FOI Advisory Council Opinion AO-24-01
Citizens advisory committee established to make recommendations to the State Transportation Board is subject to FOIA.
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FOI Advisory Council Opinion AO-22-01
Attorney-client privilege exemption gives record custodian discretion to release as much or as little of exempt record to anyone; distribution to one person does not destroy the exemption.
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FOI Advisory Council Opinion AO-23-01
Student government of state college is subject to FOIA when supported wholly or principally by public funds.
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FOI Advisory Council Opinion AO-21-01
Regarding duty to explain how the actual cost of searching for records was calculated; consecutive requests must be treated separately; public body may require a deposit if cost of providing records would exceed $200.
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FOI Advisory Council Opinion AO-16-01
List of concealed handgun permit holders is a public record.
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FOI Advisory Council Opinion AO-20-01
Two-person subcommittee is a public body subject to FOIA.
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FOI Advisory Council Opinion AO-18-01
At least three working days’ notice is necessary to announce the change in location of a previously scheduled meeting; updates required everywhere notice is posted, including the Internet.
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FOI Advisory Council Opinion AO-17-01
With respect to the Governor’s Development Opportunity Fund, records used for the governor’s personal or deliberative use are exempt, but records related to how grants are awarded or loans made are subject to disclosure under FOIA.
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FOI Advisory Council Opinion AO-19-01
With the exception of certain statistical information and financial records, the Virginia Parole Board’s records are not subject to FOIA.
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FOI Advisory Council Opinion AO-14-01
When making a motion to go into closed session, the level of specificity required to identify the subject matter when addressing litigation greatly depends upon how its disclosure would affect the negotiating or litigating posture of the public body, and thus a general description may suffice.
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FOI Advisory Council Opinion AO-15-01
The professional qualifications of a public official are considered part of that official’s personnel record and thus may be withheld.
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FOI Advisory Council Opinion AO-13-01
Regarding directory information held by a school system and duties under FOIA when a requested record does not exist.
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FOI Advisory Council Opinion AO-10-01
Section 60.2-114(A) prohibits the release of audit information related to employer compliance with employee earnings requirements.