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


ADVISORY OPINIONS ISSUED

2020

Opinion No. Issue(s)

May


AO-01-20

Closed meeting motions must include a subject, purpose,
and citation and must be set forth in detail in the meeting
minutes. Votes taken after a closed meeting must
reasonably identify the substance of the vote. Meeting
minutes must include a summary of the discussion on
matters proposed, deliberated or decided, and a record of any votes taken.

AO-02-20

A public body may not provide a requester with a summary
of an existing record instead of the record itself, even when
the record may be redacted, unless the requester agrees to
accept the summary instead.

September


AO-03-20

The records exclusion at subdivision 1 of § 2.2-3705.3 exempts from mandatory disclosure "information relating to investigations of applicants for licenses and permits, and of all licensees and permittees, made by or submitted to" certain public bodies. That language includes the application and materials submitted.. Additionally, unlike several other exemptions in the same section, the language of this exemption does not limit its application to active investigations nor does it require the disclosure of inactive or completed reports.

October


AO-04-20

The provisions of § 2.2-3708.2 allowing members to participate in meetings by electronic communication means are alternative meetings procedures, not exemptions from public access that would allow meetings to be closed to the public. If a member is calling in due to a disability or medical condition or due to a personal matter, the member must specify which reason it is in order to notify the chair and comply with the requirements for minutes. A generalized concern about illness is not a sufficient reason to use the provision allowing remote participation due to a disability or medical condition, but following the recommendations of VDH and CDC to stay home during the COVID-19 state of emergency is a sufficient reason, particularly if the member is in one of the categories at higher risk to contract a severe illness. However, each body may set its own policy on participation as allowed by FOIA, up to and including not using these remote participation provisions at all.

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