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


ADVISORY OPINIONS ISSUED

2002

Opinion No. Issue(s)

January


AO-01-02

A public body must release the names of current public employees and salary information under FOIA. FOIA does not require, however, the release of records related to the retirement of specific public employees which may properly be withheld as personnel records.

March


AO-02-02

Three members of a public body may gather at a private meeting without the private meeting becoming a meeting under FOIA if the members of the public body do not "discuss" or "transact" public business.

AO-03-02

Records of expenditures for Building Code Academy are not exempt from disclosure nor is the disclosure of such records otherwise prohibited by law. The format or degree of detail included in the record is within the discretion of the public body that is the custodian of the record.

April


AO-04-02

A public body must release records generated during contract negotiations in the absence of a statutory exemption from the mandatory disclosure requirements of FOIA for such records.

May


AO-05-02

The inclusion of fringe benefits as part of the charges that may be assessed is an extraneous fee to recoup the general costs of transacting the general buisness of the public body and therefore may not be computed in the charges allowable under FOIA for the production of requested records.

July


AO-06-02

Definition of a meeting; notice requirements for public meetings; waiver of notice by public officials.

AO-07-02

Application of personnel records exemption to employee timesheets.

August


AO-08-02

Individual polling of city council members by city manager is allowable under FOIA; motion to enter into closed session must meet all three statutory requirements; discussion in closed session may not stray from exemptions cited in motion; votes must be taken in open meeting.

AO-09-02

Corporation is subject to FOIA when it is wholly owned by a public body, and its records are subject to public disclosure.

October


AO-10-02

Delinquent tax information is public record; public body may make reasonable charges for the actual costs incurred in providing copies of records; public body has five working days to respond to a FOIA request.

AO-11-02

Court records are subject to disclosure pursuant to FOIA; a requester has the right to request records in any medium used by a public body in the course of its regular business.

AO-12-02

The mayor or the chief executive officer of a locality, but not both, may exercise the working papers exemption.

AO-13-02

The procedures and practices governing the process by which those people designated by an inmate are notified in case of serious illness, injury or death are subject to disclosure under FOIA.

November


AO-14-02

Public body may make reasonable charges for its actual costs incurred in responding to request for records; question of reasonableness is for the courts.

AO-15-02

Use of a "straw poll" in closed meeting is permitted by FOIA; however, no agreement reached in a closed meeting becomes effective until the membership of the public body votes in an open meeting.

AO-16-02

Local public bodies may not conduct telecommunication meetings under FOIA.

AO-17-02

The Halifax County Industrial Development Authority is a public body under FOIA and is subject to the open meeting requirements of FOIA; role of FOIA Council.

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