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VIRGINIA FREEDOM OF INFORMATION ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA


ADVISORY OPINIONS ISSUED

2005

Opinion No. Issue(s)

February


AO-01-05

No agreement reached in a closed meeting becomes effective until the public body takes an affirmative vote in an open meeting. FOIA requires the motion for that vote have its substance reasonably identified in the open meeting. For the purposes of the motion, substance is defined as a fundamental part, quality or aspect; the essential quality or import of a thing.

March


AO-02-05

NOTICE: This opinion has been rescinded. Please see Advisory Opinion 07 (June, 2005).

AO-03-05

Letters of reference and recommendations are generally treated as personnel records under FOIA. Like other personnel records, they may be withheld from third parties but must be disclosed to their subject upon request. However, educational agencies and institutions may withhold these records, even from their subject, pursuant to subdivision 2 of § 2.2-3705.4.

April


AO-04-05

Records concerning what websites and keywords are blocked by a computer network firewall may be withheld from public disclosure as such records describe the design and function of a security system (pursuant to subdivision 3 of § 2.2-3705.2).

May


AO-05-05

FOIA does not require a public body to inform a requester when a requested record does not exist. However, public officials would be well advised to clearly state when requested records do not exist in order to avoid confusion and frustration on the part of the requester. FOIA does not contain any specific provisions concerning the legibility of public records. However, as a practical matter, copies of records produced in response to a request should be legible, so long as the original records are legible. Public bodies and requesters may enter mutually satisfactory agreements to resolve any problems with regard to the production of records.

AO-06-05

FOIA does not require a public body to create a new record to satisfy a request. If a public body elects to abstract or summarize records, it can only charge for such a newly-created record pursuant to a prior agreement with the requester. A public body must provide a requester with an estimate of all charges in advance of providing copies if the requester asks for one. The purposes of FOIA are best served by clear and open communication between requesters and public bodies.

June


AO-07-05

This opinion rescinds Advisory Opinion 02 (March, 2005). The identities of victims need not but may be released pursuant to subsection D of § 2.2-3706. The release of such information is discretionary except where disclosure is prohibited or restricted under § 19.2-11.2. Furthermore, FOIA establishes a conflict resolution rule in subsection H of § 2.2-3706, which provides that in the event of conflict between § 2.2-3706 as it relates to requests made under § 2.2-3706 and other provisions of law, § 2.2-3706 shall control.

July


AO-08-05

Under FOIA, motor vehicle accident reports concerning juveniles should be treated the same as those concerning adults, except as provided in § 2.2-3706(C).

AO-09-05

Two members of a public body who also serve as members of the board of a private entity do not transform that private entity into a public body subject to FOIA. Whether an entity is a public body subject to FOIA because it is supported principally by public funds must be determined on a case-by-case basis.

AO-10-05

A "special study group" composed of citizen members appointed by a county board of supervisors to make recommendations to the Board and the county's Planning Commission is a public body subject to FOIA. Public bodies may adopt rules governing the placement and use of recording equipment during a meeting. However, a public body may not prohibit a recording from being made.

August


AO-11-05

The definition of a public body includes committees, subcommittees and other entities of public bodies that advise or perform delegated functions of the larger public body. Meetings of such committees are subject to the open meeting requirements of FOIA. A gathering of three members of a public body, or a quorum if less than three, to discuss the public business of that body, is a meeting subject to FOIA.

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