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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
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AO-50-01
December
11, 2001
Mr. Karl Santone
Gordonsville, Virginia
The staff of
the Freedom of Information Advisory Council is authorized
to issue advisory opinions. The ensuing staff advisory opinion
is based solely upon the information presented in your letter
of November 27, 2001.
Dear Mr. Santone:
You have requested
an opinion on the question of whether the record exemption
for correspondence invoked by a county administrator was proper
under the Virginia Freedom of Information Act (FOIA). You
indicate that under FOIA you requested a copy of a letter
dated September 12, 2001, from the county administrator to
the members of the county board of supervisors concerning
the "Responses to Citizen Inquiries" received by the county.
You indicated that the county administrator declined your
FOIA request, citing subsection A. 6. of § 2.2-3705 of
the Code of Virginia, which provides for the withholding of
correspondence and working papers of certain enumerated public
officials.
Subsection A. 6.
of § 2.2-3705 of the Code of Virginia exempts from mandatory
disclosure [w]orking papers and correspondence of the Office
of the Governor; Lieutenant Governor; the Attorney General;
the members of the General Assembly or the Division of Legislative
Services; the mayor or chief executive officer of any political
subdivision of the Commonwealth; or the president or other
chief executive officer of any public institution of higher
education in Virginia. However, no record which is otherwise
open to inspection under this chapter shall be deemed exempt
by virtue of the fact that it has been attached to or incorporated
within any working paper or correspondence. (Emphasis
added). This exemption allows the chief executive officer
of any political subdivision of the Commonwealth, in this
case, the county administrator, to withhold from disclosure
working papers or correspondence. As the chief executive officer,
the county administrator may properly invoke this exemption
to withhold correspondence between her and the board of supervisors.
Thank you for contacting
this office. I hope that I have been of assistance.
Sincerely,
Maria J.K. Everett
Executive Director
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