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


ADVISORY OPINIONS ISSUED

2015

Opinion No. Issue(s)

March


AO-01-15

A private entity that exercises no governmental authority and is not wholly or principally supported by government funds is not a public body subject to FOIA's records and meeting requirements. Money received by a private entity from government sources under a procurement contract should not be used to determine whether an entity is wholly or principally supported by public funds.

AO-02-15

Whether a record is exempt as a "working paper" depends on the purpose for which it was created, the person for whom it was created, and whether it has been disseminated beyond the personal or deliberative use of the official who holds the exemption.

April


AO-03-15

There may be multiple custodians of public records, including databases, if multiple public bodies possess and use the records in the transaction of their respective public business.

May


AO-04-15

A public body does not have to create a new record that does not already exist, but may abstract or summarize information under such terms and conditions as agreed between the requester and the public body. Clear and concise communications are critical when making and responding to requests.

June


AO-05-15

Meeting minutes must include a summary of the discussion on matters proposed, deliberated or decided, and a record of any votes taken. A verbatim transcript is not required. A public body has the discretion to include specific comments made at the meeting or not so long as the minutes include the required summary and record of votes.

August


AO-06-15

A public body may not convene a closed meeting under the personnel exemption to discuss salary increases when the discussion does not concern specific individual public officers, appointees, or employees.

September


AO-07-15

Generally, FOIA does not prohibit the release of public records or the exercise of free speech. FOIA does not grant special rights to elected officials that differ from those of other Virginia citizens. Real estate appraisals may be withheld until the completion of a proposed purchase, sale, or lease.

October


AO-08-15

Body worn and dashboard video recordings made by law enforcement are public records subject to FOIA. The application of exemptions from mandatory disclosure depends on the contents of the video.

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