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


ADVISORY OPINIONS ISSUED

2006

Opinion No. Issue(s)

February


AO-01-06

FOIA requires that meeting minutes contain a summary of the discussion on matters proposed, deliberated or decided, and a record of any votes taken. Public bodies should always include in meeting minutes a summary of any matter that appears on the agenda for that meeting and of any matters that are the subject of a motion or vote.

March


AO-02-06

Whenever three or more members, or a quorum, of a public body assemble and discuss or transact public business, it is a meeting subject to FOIA. If three or more members of one public body assemble at a meeting of a second public body, and discuss or transact the public business of both public bodies, the meeting is a joint meeting of both bodies.

AO-03-06

FOIA requires that meetings of a joint committee of conference of the General Assembly or a quorum of any such joint committee of conference shall be open and governed by FOIA. FOIA does not define what constitutes a quorum of a joint committee of conference.

AO-04-06

A joint committee of conference of the General Assembly may not hold a closed meeting in order to discuss matters concerning particular budget bills, unless one of the exemptions found in § 2.2-3711 would apply to specific portions of the discussion.

May


AO-05-06

A request for statutes and regulations granting legal authority to a public body is not a request for public records as contemplated by FOIA. FOIA expressly provides the procedure to follow if a public body needs additional time to respond to a request. A response that does not meet the procedural requirements of FOIA is not a proper response.

AO-06-06

Opining whether a FOIA provision violates substantive due process under the federal Constitution is beyond the authority of the FOIA Council.

July


AO-07-06

An independent advisory panel created by a private entity pursuant to a grant agreement with a government body is not a public body subject to FOIA.

August


AO-08-06

Animal licensing records are open to the public under FOIA and § 3.1-796.86. Public bodies should not collect from citizens information that will become part of a public record unless such collection is required or necessary to the mission of the public body.

October


AO-09-06

An entity that states that its meetings are open to the public should provide public notice of those meetings, whether or not the entity is subject to FOIA.

AO-10-06

A nonprofit foundation created by private citizens that voluntarily works with localities for the public good, but does not receive public funding, is not a public body subject to FOIA.

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