To Whom Applicable: Public Bodies

Virginia state senators are not individually subject to FOIA. (OVERRULED by a subsequent decision)

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 is a public body subject to FOIA.

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 bear responsibility for maintaining the integrity of those records.  To the extent that OES owns or possesses such data, it is also a custodian of such records and likewise responsible to respond to a request for it under FOIA.

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 principally supported by public funds.

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 subject to FOIA.

The Virginia State Bar is a public body subject to FOIA. A task force created by a public employee to advise that employee is not a public body. Records in the possession of a public body or employee in the transaction of public business are public records. Questions regarding constitutional separation of powers are beyond the statutory authority of the FOIA Council. Public bodies do not have to create records that do not already exist in order to respond to a records request, but must inform the requester that the records do not exist.