Attorney General
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Attorney General’s Opinion 1983-84 #437A
Principal’s handwritten notes, used as a memory jogger, and anonymous letter are public records if used to transact public business. Subject of record can access it, regardless of possible exemptions.
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Attorney General’s Opinion 1983-84 #314
An exhibit is not automatically converted into a personnel record simply because it is introduced in a grievance procedure. FOIA and the Privacy Protection Act notwithstanding, a teacher has the statutory right to a private grievance hearing.
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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 1983-84 #436
When determining the actual cost of providing copies, a public body may take into consideration (1) number of hours reasonably necessary to compile, copy and assemble documents, (2) cost of computer time used and (3) costs of reproducing the records. If a document is created at the request of a citizen, even though the public…
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Attorney General’s Opinion 1982-83 #714
Discussion of the hiring, firing, resignation, retention, salary and money paid to the city attorney, elected by the city council, may be held in executive session under the personnel exemption.
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Attorney General’s Opinion 1982-83 #731
When government employee is being paid two salaries for two different government functions, only the one that meets the statutory minimum for disclosure under FOIA need be disclosed.
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Attorney General’s Opinion 1982-83 #708
Employment contract detailing salary is an official record. Salary of incoming dean at William and Mary subject to disclosure, regardless of the existence of an employment contract.
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Attorney General’s Opinion 1982-83 #723A
Applications for permits to carry concealed weapon are official records; court in which the permit is filed may prohibit disclosure, however.
Opinions -
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 #719
Mere presence of three members of a county board of supervisors on a private board of trustees does not convert a the board of trustees into a public body that needs to follow FOIA.
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Attorney General’s Opinion 1982-83 #709
Circuit court clerks files that contain certain pre-sentence reports and juvenile records are not subject to disclosure under FOIA.
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Attorney General’s Opinion 1982-83 #727
FOIA allows, and no other code provision prohibits, the release of the names, telephone numbers and business-type information of local business licensees.
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Attorney General’s Opinion 1982-83 #713
Discussion about filling one deputy superindent’s position and eliminating another may be held under the personnel exemption; however, discussion about general office reorganization is not a proper topic for the personnel exemption.
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Attorney General’s Opinion 1982-83 #729
School superintendent is the chief executive office of the school board for purposes of FOIA. A report prepared for use at a properly called executive meeting loses any exempt status if the essence of the report is discussed in an open meeting.
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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 1982-83 #726
A volunteer fire department is subject to FOIA if it is funded wholly or principally by public funds. Records regarding the suspension of a fire chief are confidential as part of the chief’s personnel file.
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Attorney General’s Opinion 1982-83 #722
Tape recording of meeting is not an official record if used only as an aid for preparing written minutes.
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Attorney General’s Opinion 1982-83 #723
Secret ballots in open meeting not allowed.
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Attorney General’s Opinion 1982-83 #711
Lists of unclaimed property held by the police are exempt from disclosure if they are part of a criminal investigation.
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Attorney General’s Opinion 1982-83 #712
Virginia Equaly Employment Opportunity Committee may not meet as a body with employees regarding a specific complaint in executive session.
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Attorney General’s Opinion 1982-83 #721
Cocktail parties attended by members of a public body, like other social functions, are not meetings for purposes of FOIA, provided that they are not held with the intention of conducting business and business does not take place.
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Attorney General’s Opinion 1982-83 #717
Discussion about the desirability of creating a deferred payment plan for hooking up to the city sewer line is not proper subject for closed meeting under the legal matters exemption.Reading a prepared statement to close a meeting does not meet the FOIA requirement that a motion to go into a closed meeting must be adopted.
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Attorney General’s Opinion 1982-83 #716
Proper subject of the legal matters exemption is a fact-based, case-by-case determination.
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Attorney General’s Opinion 1981-82 #440
Though using the entire period to release a readily available record is not a technical violation of FOIA, it probably violates the spirit of the law where release would not have any way hampered the orderly administration of government.
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Attorney General’s Opinion 1981-82 #434
Telephone poll of individual members is akin to an informal assemblage, not subject to FOIA.