Opinions Archive Search Results:
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FOI Advisory Council Opinion AO-04-18
Discusses general open meetings requirements of public bodies and their committees as well as obligations of public bodies in response to a request for public records. A public body is not required to record open meetings itself but must afford the public the opportunity to record the meetings. A committee of a public body is…
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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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Batterson v. Voorhees
Batterson v. Voorhees, Powhatan County Judge Paul W. Cella
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FOI Advisory Council Opinion AO-01-18
FOIA provides that public records must be disclosed except as otherwise specifically provided by law. Tax code provisions such as § 58.1-3 are “as otherwise specifically provided by law.” The statutory authority of this office is limited to FOIA matters.
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Hurst v. City of Norfolk (circuit court)
In a case brought against the City of Norfolk alleging violations of FOIA’s response times and fee estimates, a Norfolk Circuit Court gives much deference to FOIA Council prior opinions and finds: the city waived its objection to the plaintiff’s failure to file an affidavit of good cause by not bringing it up within 7…
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Virginia Education Association v Davison
A unanimous Supreme Court rules a Loudoun County parent is not entitled to student growth percentile data for certain Loudoun County Public School students under the Virginia Freedom of Information Act.
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Davison v. Dunnavant (circuit court)
Henrico circuit judge rules a senator can be sued for a FOIA violation in her individual capacity and that Facebook posts can be public records. But, the Facebook posts in this case are deemed not about public business and so did not need to be disclosed.
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Daily Press v. OES
Clerks of court are the individual custodians of the court case data supplied to the Office of Executive Secretary’s online database.
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FOI Advisory Council Opinion AO-05-17
An organization, corporation, or agency in the Commonwealth that receives two-thirds (66.6%) or greater support from public funds is considered to be "supported … principally by public funds" and therefore is a "public body" subject to FOIA. Prior opinions advised measuring an entity's level of funding at the time a request is made, but did…
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FOI Advisory Council Opinion AO-04-17
The Greater Williamsburg Chamber and Tourism Alliance is (for now) a public body subject to FOIA's records and meetings provisions because it receives 68% of its funding from local government budget appropriations. Should the local government funding drop below 66% of the total budget, the alliance would cease to be a public body subject to…
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FOI Advisory Council Opinion AO-01-17
Opinion summarizes the requirements for responding to a request. A failure to respond to a request for public records is deemed a denial and a violation of FOIA. The statutory remedy for a violation is to file a petition for mandamus or injunction in general district or circuit court. The Newport News Economic/Industrial Development Authority…
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FOI Advisory Council Opinion AO-03-16
Generally, requests for information (RFI’s) are preliminary to a procurement transaction or contract negotiations, and not directly part of such transactions or negotiations. FOIA does not contain any specific exclusion from mandatory disclosure that would allow information received in response to an RFI to be withheld. Whether other exclusions apply to such information, such as…
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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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AG letter 05-27-2016
Informal opinion from the AG’s office (authored by Opinions Counsel Tim Oksman) says that locally filed conflicts of interest forms cannot be redacted in response to a FOIA request.
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Harki v. DCJS
Harki v. Department of Criminal Justice Services: DCJS must turn over database of training records for law enforcement officers. Judge Joseph A. Migliozzi Jr. agrees that they are personnel records, but notes that the department said it would turn the records over (i.e., exercise their discretion to release records that could be withheld) and then…
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FOI Advisory Council Opinion AO-08-15
Body worn and dashboard video recordings made by law enforcement are public records subject to FOIA. The application of exemptions from mandatory disclosure depends on the contents of the video. Duty to redact is in question following Virginia Supreme Court ruling in 2015.
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Virginia Department of Corrections v. Surovell (Supreme Court)
The Virginia Supreme Court rules that a trial court must make its own determination of the proprierty of withholding documents when a security interest is cited, but while doing so, it must accord “substantial weight” to the agency’s (in the case, the Virginia Department of Corrections) determinations.The court also holds that there is no duty…
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FOI Advisory Council Opinion AO-06-15
A local governing body may not convene a closed meeting in order to discuss the salaries of the members pursuant to the personnel closed meeting exemption.
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FOi Advisory Council Opinion AO-05-15
Meeting minutes must include a summary of the discussion on matters proposed, deliberated or decided, and a record of any votes taken. A verbatim transcript is not required. A public body has the discretion to include specific comments made at the meeting or not so long as the minutes include the required summary and record…
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FOI Advisory Council Opinion AO-04-15
A public body does not have to create a new record that does not already exist, but may abstract or summarize information under such terms and conditions as agreed between the requester and the public body. Clear and concise communications are critical when making and responding to requests.
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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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Fitzgerald v. Loudoun County Sheriff’s Office
In a proceeding under the Virginia Freedom of Information Act, to obtain a copy of a suicide note contained in a criminal investigative file opened by a sheriff’s office under its lawful authority to investigate the unexpected and unattended death of a senior United States Air Force official, the sheriff had the discretion, but not…
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Attorney General Opinion 14-063
“For the foregoing reasons, it is my opinion that local law enforcement agencies must disclose adult arrestee photographs pursuant to a valid FOIA request if they are contained in a database maintained by the local law enforcement agency, regardless of whether the defendant is still incarcerated or has been released, unless disclosing them will jeopardize…
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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.