| 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This opinion has been rescinded.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. |
