Sunrise over V.A. Capitol.
VIRGINIA FREEDOM OF INFORMATION ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA


ADVISORY OPINIONS ISSUED

2001

Opinion No. Issue(s)

January


AO-1-01

City's proposed e-mail network for council members constitutes an electronic meeting.

AO-2-01

Access to list of applicants applying for licensure by board governed by the Department of Health Professions.

AO-3-01

Application of notice and agenda provisions for open meetings; remedies.

AO-4-01

Access to identity, qualifications, and resumes of candidates for city manager position.

AO-5-01

Definition of a meeting; chance meetings.

AO-6-01

Access to noncriminal police reports; access to telephone directory of city employees.

AO-7-01

Access to school bus videotapes; Family Educational Rights and Privacy Act (FERPA).

AO-8-01

Application of attorney-client privilege exemption.

February


AO-9-01

Status of local Neighborhood Connections Office as a public body.

AO-10-01

Access to audit information from the Virginia Employment Commission for unemployment compensation hearing.

AO-11-01

Access to lists of names and addresses of businesses to whom licenses have been issued; access to lists of businesses or individuals on a locality's tax rolls.

AO-12-01

Costs for copying public records.

AO-13-01

Access to records indicating whether an individual attended school in locality; Family Educational and Privacy Rights Act (FERPA).

AO-14-01

Requirements of motion to enter into closed session to discuss litigation.

AO-15-01

Access to records concerning the qualifications of a public official.

March


AO-16-01

Access to list of concealed handgun permit holders.

AO-17-01

FOIA exemptions relating to economic development prospects; application of FOIA to the Governor's Development Opportunity Fund.

AO-18-01

Notice requirements for a change in location of a public meeting.

AO-19-01

Access to presentence reports.

AO-20-01

Application of FOIA of meetings of a two-person subcommittee.

AO-21-01

Explanation of a public body concerning costs accrued in searching for and providing public records; obligation of a public body to respond to a new FOIA request if the requestor has not paid costs associated with a prior request.

April


AO-22-01

Freedom of Information Advisory Council lacks authority to conduct investigations; application of attorney-client privilege exemption.

AO-23-01

Application of FOIA to student government at state college.

May


AO-24-01

Status of a citizen's advisory group as a public body.

AO-25-01

Costs for copying public records.

AO-26-01

Open meeting exemptions for discussion of prospective business or industry, negotiation of siting agreements.

AO-27-01

Access to name and address of firm or corporation transacting business under a fictitious name from local tax officials; access to tax information.

AO-28-01

Exemption for personnel records; access to information concerning position and salary of public employees.

June


AO-29-01

Access by parent to child's scholastic records.

AO-30-01

Access to records maintained in case file of the Board of Social Work by subject of the records.

AO-31-01

No FOIA requirement that a board of supervisors conduct a public hearing before it may sell a piece of real property.

AO-32-01

Access to budget proposals submitted by city departments to city council for preparation of city's annual budget.

AO-33-01

Access to directory information of students; application of the Federal Educational Rights and Privacy Act.

AO-35-01

Public body not required to adhere to a standing request for public documents that are not in existence at the time the request is made.

July


AO-34-01

Definition of a public body and application of definition to New Market Financial Control Board; access to documents held by town council's finance committee.

AO-36-01

Analysis of "supported wholly or principally by public funds" language in the definition of a public body.

August


AO-37-01

Virginia Workers' Compensation Commission is the custodian of "proof of coverage" information for purposes of FOIA even though the records are actually collected and maintained by a third party, because the Commission is required by law to collect such information.

AO-38-01

Motion passed in closed session does not become official until public body votes on it in open session; a motion to enter into closed session must identify the subject matter, state the purpose of the meeting, and make specific reference to the applicable exemption.

AO-39-01

Public body may make reasonable charges for its actual costs in responding to a FOIA request.

AO-40-01

Discussion or transaction of public business by three or more members of a public body constitutes a meeting under FOIA.

September


AO-41-01

Application of FOIA to a tourism program run by a local chamber of commerce for the city council.

AO-42-01

Access to list of the names of individuals who have made a FOIA request to a public body.

AO-43-01

FOIA requires that notice of public meetings be posted in two physical locations.

AO-44-01

Name of physician at a state correctional facility is available under FOIA.

October


AO-45-01

A motion offered by a public body to enter into a closed meeting must contain three procedural requirements of FOIA, in that it states specific statutory exemption, the subject, and the purpose of the closed meeting. A public body may properly enter into closed meeting to discuss a potential request for financial assistance relating to the expansion of an existing business or industry.

AO-46-01

Where three or more members of a public body continue discussions of public business after a public meeting has adjourned, such a gathering is a meeting under FOIA, even if the members are discussing the business with staff. The procedural requirements for conducting a meeting would not be invoked if three or more members attend a function that was not arranged for the purpose of discussing or transacting public business (i.e. dinner), so long as no public business is actually discussed.

AO-48-01

Receiving a line of credit from a public body does not make a non-profit hospital a public body. The removal and reappointment of a hospitals' directors by a board of supervisors does not make the hospital a public body.

November


AO-47-01

A public body's requirement to provide two-business days' notice to review scholastic records is consistent with the five day statutory deadline.

December


AO-49-01

A public body may create a new record in its discretion; however, it cannot charge a requestor without prior consent. A public body may not charge a requestor for sending courtesy copies of a FOIA request to a third party as it is a general cost associated with the transacting of general business of the public body. Staff time spent responding to a FOIA request is an actual cost that may be passed on to a requestor; however, whether or not the actual cost is also reasonable is a question for the courts.

AO-50-01

A county administrator, as the chief executive officer, may properly withhold correspondence between her and the board of supervisors.

© 2001 | FOIA COUNCIL HOME | DLS HOME | GENERAL ASSEMBLY HOME