Advisory Council
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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-02-15
Whether a record is exempt as a “working paper” depends on the purpose for which it was created, the person for whom it was created, and whether it has been disseminated beyond the personal or deliberative use of the official who holds the exemption.
Opinions -
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-06-14
Public bodies have five working days to respond to a request for public records, and may invoke an additional seven working days to respond. The statutory remedy for a FOIA violation is to file a petition for mandamus or injunction supported by an affidavit showing good cause. Only a court may decide upon the appropriate…
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FOI Advisory Council Opinion AO-05-14
Requesters and public bodies may reach their own agreements on the terms of production of public records. Such agreements should address any variations in response timing and charges to which the parties agree.
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FOI Advisory Council Opinion AO-04-14
Suicide reports and related records may be withheld as criminal investigative files because suicide remains a crime in Virginia. To the extent it conflicts with this opinion, AO-10-03 is hereby rescinded.
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FOI Advisory Council Opinion AO-02-14
FOIA does not define the term "custodian," but for FOIA purposes, generally the custodian is the person in charge of public records. Each public body may designate who is to act as custodian of its public records. FOIA does not apply to records that are not public records in the transaction of public business.
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FOI Advisory Council Opinion AO-01-14
This opinion discusses the use of the contract negotiations and economic development records exemptions. FOIA allows a records custodian to disclose exempt records in his discretion. FOIA does not require a custodian to engage in a balancing test in exercising that discretion, or to justify or explain a decision not to disclose exempt records.
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FOI Advisory Council Opinion AO-08-13
FOIA Council weighs in on availability of date of birth information held by law enforcement agencies.
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FOI Advisory Council Opinion AO-07-13
A committee or advisory group of a public body that performs a delegated function or advises the public body is itself a public body. A committee or advisory group created by an individual to advise that individual is not a public body. In either case, however, records prepared, owned, or possessed by the committee or…
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FOI Advisory Council Opinion AO-06-13
A contract between a public body and a public employee settling an employment dispute may be withheld as a personnel record. However, accounting records that reflect payments pursuant to a settlement agreement are not exempt.
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FOI Advisory Council Opinion AO-05-13
Charges for public records are limited to actual costs. The actual cost to provide electronic records is not the same as the cost to provide paper copies. Estimates must be provided in advance if requested.
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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-03-13
A motion to convene a closed meeting must identify the subject to be discussed, the purpose of the discussion, and cite an appropriate exemption. There are two requirements set forth in the exemption allowing public bodies to hold closed meetings to discuss real property matters: (1) that the discussion concern the acquisition of real property…
Opinions -
FOI Advisory Council Opinion AO-02-13
FOIA is silent regarding the logistics of holding a public meeting. In a situation where the meeting room lacks the capacity to accommodate all those who wish to attend, the best practice is to move to a larger venue and use technology to increase public access, when possible.
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FOI Advisory Council Opinion AO-05-12
Subsection F of § 2.2-3707 requires that agenda packets be made available for public inspection at the same time they are furnished to members of the public body
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FOI Advisory Opinion AO-01-13
Generally, records submitted by a private company to a state agency as required by regulation are public records subject to FOIA. Marking such records proprietary and confidential does not, by itself, make them exempt from mandatory disclosure; records are only exempt if there is a specific provision of law that allows them to be withheld.
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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-06-12
Considering three different records exemptions, an adult arrestee photograph (mug shot) may not be withheld as a noncriminal incident record; may be withheld if its release would jeopardize a felony investigation; and may be withheld if the subject depicted is also a witness.
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FOI Advisory Council Opinion AO-04-12
A telephone billing record paid by a public official in his personal capacity that was not prepared for or used in the transaction of public business is not a public record subject to FOIA. Such a telephone billing record is not paid with public funds, only indicates that a call was made (it does not…
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FOI Advisory Council Opinion AO-03-12
A public official may only charge his or her rate of pay as a public official, not as a private employee, when responding to requests for public records.
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FOI Advisory Council Opinion AO-06-11
Adult arrestee booking photographs (mug shots) are public records 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-04-11
The attorney-client privilege exemption must be narrowly construed. If a record contains both exempt and non-exempt material, only the exempt material may be withheld. Whether a record is exempt depends on the contents of the record and the existence of a specific legal provision that allows the record to be withheld.