Remedies, Enforcement and Procedures

FOI Advisory Council Opinion AO-09-08

FOIA provides that public bodies bear the burden of proof to establish an exemption by a preponderance of the evidence. However, FOIA is silent regarding whether a requester may challenge as an abuse of discretion a decision not to disclose records that are excluded from mandatory disclosure pursuant to a valid exemption, once the exemption has been established.

Rivera v. Long (Norfolk Circuit Court)

General Registrar must disclose rejection letters written to applicants to vote. Actual applications may be withheld under state election law.

Cartwright v. Commonwealth Transportation Commission

It is not necessary for a plaintiff asking for a writ of mandamus under FOIA to prove that he has no other adequate remedy at law. Agency's provision of sought-after records after litigation has been initiated over access to those records does not moot case.

FOI Advisory Council Opinion AO-15-03

Government employee requests under FOIA should not be treated differently from requests made by citizens; letter admonishing public employee for making a FOIA request goes against the legislative intent of FOIA; as long as records were produced in accordance with FOIA, there is no remedy under the act for the simultaneous abuse of the FOIA requester.

Lawrence v. Jenkins

Not an FOIA violation when a public official chooses to exercise an exemption, redacted exempt information, but failed to timely cite the applicable Code section for the exemption.

RF&P Corp. v. Little

A corporation to which the Virginia Retirement System appoints two board of trustee members is not a public body under FOIA. A willful and knowing violation of FOIA warrants the imposition of a civil penalty.

Little v. Virginia Retirement System

an individual's wilful and knowing violation of FOIA merits penalty

Little v. Virginia Retirement System

Is the RF&P Corporation a public body subject to FOIA? Has there been a willful violation of FOIA?

Attorney General's Opinion 1974-75 #569

Person seeking enforcement of FOIA provisions carries burden of proof. Plaintiff must submit affidavit in support of petition for injunction

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