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


ADVISORY OPINIONS ISSUED

2019

Opinion No. Issue(s)

March


AO-01-19

Access to health records is addressed by FOIA and other specific laws outside of FOIA. Where the laws differ, the more specific provisions are controlling.

AO-02-19

A public body engaged in dispute resolution proceedings may hold closed meetings under the exemptions for discussion of actual or probable litigation and consultation with legal counsel on specific legal matters. However, it does not appear that FOIA or the various laws concerning dispute resolution have considered or addressed situations where two or more public bodies wish to hold a joint meeting for the purpose of dispute resolution. There are also applicable records exemptions for certain records of dispute resolution proceedings both within FOIA and outside of FOIA in statutes that specifically address such dispute resolution proceedings.

April


AO-03-19

Records concerning identifiable individual students, including individual students' test scores, are scholastic records that are exempt from mandatory disclosure under FOIA. The redaction of a student's name and other personal information does not necessarily make a scholastic record a nonexempt record that must be disclosed under FOIA as the record may still contain information about the specific individual, whether identified by name or not.

AO-04-19

Section 54.1-108 provides that certain license applications and scoring records, among other records, are not subject to disclosure under the Virginia Freedom of Information Act. This opinion considers a dispute regarding the redaction of applicant names from records related to the application and scoring process.

July


AO-05-19

Charges for public records are limited to reasonable charges not to exceed the public body's actual costs, but the question of whether a particular charge is reasonable may be decided only by a court.

August


AO-06-19

Failure to provide notice and take minutes of public meetings as required by FOIA are violations of FOIA. Only a court may rule on whether any particular notice is reasonable under the circumstance for a special,
emergency, or continued meeting. Once posted, notices should not be removed before the meeting occurs.

AO-07-19

The exemption in subdivision 32 of § 2.2-3705.6 of FOIA applies to “information related to a grant application, or accompanying a grant application” that is submitted to the Department of Housing and Community Development as described in the exemption. Challenges to applications submitted as part of the Virginia Telecommunications Initiative program are not exempt from disclosure under this exemption as they are not submitted by the applicant.

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