FOIA

A Norfolk circuit judge ruled that elected officials are not public bodies who have to respond to FOIA requests, the public body's response obligations are triggered when one of those officials receives a request. The judge also makes rulings on providing a "legal address" in a request and on unauthorized prepayment requirements for requests estimated at under $200.

Local governments do not have authority under §15.2-1413, which allows the adoption of modifications to essential functions during an  emergency, to relax the deadlines by which to respond to FOIA requests.

Richmond Circuit Judge Designate William N. Alexander II entered an order Oct. 15, 2018, that (1) FOIA does not apply to "the judiciary, including the Executive Secretary"; (2) enforcement of FOIA against the judiciary and the OES is "barred by the doctrine of sovereign immunity, which has not been waived."; and (3) separation of powers bars enforcement of FOIA against the judiciary and the OES.

Fairfax Circuit Court rules GMU Foundation is not subject to FOIA, nor is the university required to respond to a FOIA request on the foundation's behalf.

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.

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.

The U.S. Supreme Court rules (9-0) that Virginia FOIA's limitation on out-of-state requests (i.e., requests from out of state do not have to be honored) is constitutional.