Courts

Former police officer is not entitled to investigative records about an incident involving the officer because he is not a "data subject" under the Government Data Collection & Dessimination Practices Act. Also some FOIA issues.

The Court of Appeals of Virginia rules -- in an unpublished opinion -- that the City of Norfolk cannot withhold records related to a juvenile crime victim under §16.1-301, which, the court says, only applies to the withholding of records related to juvenile defendants.

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 selected records for the judge to look at privately to determine if the exemption for working papers applied was inadequate. The trial judge should have required the town to prepare a federal-like Vaughn Index or to pick records randomly or representatively. Whichever method, the main this is that the government has to explain to the judge and other party why and how these records were chosen. Case is remanded for new sampling.

A report prepared by the VDOT Assurance and Compliance Office looking into allegations of an improper hiring decision should not have been redacted under the personnel exemption, but it could be withheld under an exemption for internal investigations, 2.2-3705.3(7).

Circuit Court judge Reilly Marchant rules a report prepared by a law firm for the school board was not protected by attorney-client privilege in its entirety. Specific parts that actually reflect legal advice may be redacted, but otherwise, the report is a fact-finding endeavor, not legal advice, even if legal consequences could follow from the report's release.

Hanover Circuit Court says the names of most officers in the Hanover Sheriff's office can be kept off of a spreadsheet of department salaries because some of those officers might one day work undercover.

Mecklenburg Circuit Court judge orders release of redacted records previously withheld under the personnel records exemption.

Gloucester County General District Court: Meeting to discuss disciplining a fellow board meet was improper based on the notice given; recording made in the meeting must be released.

Community forum meeting that 5 members of the Prince William County Board of Supervisors attended and discussed police response to the George Floyd protests should have been open to the public under FOIA because it discussed "public business." The majority and dissenting opinions discuss the contours of "public business."

The Virginia Supreme Court rules that the public must be able to physically attend a meeting. It also confirms that an injunction can be issued under FOIA without a finding of willful or knowing conduct, and without going through the usual steps for granting injunctive relief in other contexts.