| Opinion
No. |
Issue(s)
|
January |
|
AO-1-01
|
City's proposed
email network for council members constitutes an electronic
meeting. |
AO-2-01
|
Access to list
of applicants applying for licensure by board governed
by the Department of Health Professions. |
AO-3-01
|
Application
of notice and agenda provisions for open meetings; remedies. |
AO-4-01
|
Access to identity,
qualifications, and resumes of candidates for city manager
position. |
AO-5-01
|
Definition of
a meeting; chance meetings. |
AO-6-01
|
Access to noncriminal
police reports; access to telephone directory of city
employees. |
AO-7-01
|
Access to school
bus videotapes; Family Educational Rights and Privacy
Act (FERPA). |
AO-8-01
|
Application
of attorney-client privilege exemption. |
February |
|
AO-9-01
|
Status of local
Neighborhood Connections Office as a public body. |
AO-10-01
|
Access to audit
information from the Virginia Employment Commission for
unemployment compensation hearing. |
AO-11-01
|
Access to lists
of names and addresses of businesses to whom licenses
have been issued; access to lists of businesses or individuals
on a locality's tax rolls. |
AO-12-01
|
Costs for copying
public records. |
AO-13-01
|
Access to records
indicating whether an individual attended school in locality;
Family Educational and Privacy Rights Act (FERPA). |
AO-14-01
|
Requirements
of motion to enter into closed session to discuss litigation. |
AO-15-01
|
Access to records
concerning the qualifications of a public official. |
March |
|
AO-16-01
|
Access to list
of concealed handgun permit holders. |
AO-17-01
|
FOIA exemptions
relating to economic development prospects; application
of FOIA to the Governor's Development Opportunity Fund. |
AO-18-01
|
Notice requirements
for a change in location of a public meeting. |
AO-19-01
|
Access to presentence
reports. |
AO-20-01
|
Application
of FOIA of meetings of a two-person subcommittee. |
AO-21-01
|
Explanation
of a public body concerning costs accrued in searching
for and providing public records; obligation of a public
body to respond to a new FOIA request if the requestor
has not paid costs associated with a prior request. |
April |
|
AO-22-01
|
Freedom of Information
Advisory Council lacks authority to conduct investigations;
application of attorney-client privilege exemption. |
AO-23-01
|
Application
of FOIA to student government at state college. |
May |
|
AO-24-01
|
Status of a
citizen's advisory group as a public body. |
AO-25-01
|
Costs for copying
public records. |
AO-26-01
|
Open meeting
exemptions for discussion of prospective business or industry,
negotiation of siting agreements. |
AO-27-01
|
Access to name
and address of firm or corporation transacting business
under a fictitious name from local tax officials; access
to tax information. |
AO-28-01
|
Exemption for
personnel records; access to information concerning position
and salary of public employees. |
June |
|
AO-29-01
|
Access by parent
to child's scholastic records. |
AO-30-01
|
Access to records
maintained in case file of the Board of Social Work by
subject of the records. |
AO-31-01
|
No FOIA requirement
that a board of supervisors conduct a public hearing before
it may sell a piece of real property. |
AO-32-01
|
Access to budget
proposals submitted by city departments to city council
for preparation of city's annual budget. |
AO-33-01
|
Access to directory
information of students; application of the Federal Educational
Rights and Privacy Act. |
AO-35-01
|
Public body
not required to adhere to a standing request for public
documents that are not in existence at the time the request
is made. |
July
|
|
AO-34-01
|
Definition of
a public body and application of definition to New Market
Financial Control Board; access to documents held by town
council's finance committee. |
AO-36-01
|
Analysis of
"supported wholly or principally by public funds"
language in the definition of a public body. |
August
|
|
AO-37-01
|
Virginia Workers'
Compensation Commission is the custodian of "proof
of coverage" information for purposes of FOIA even
though the records are actually collected and maintained
by a third party, because the Commission is required by
law to collect such information. |
AO-38-01
|
Motion passed
in closed session does not become official until public
body votes on it in open session; a motion to enter into
closed session must identify the subject matter, state
the purpose of the meeting, and make specific reference
to the applicable exemption. |
AO-39-01
|
Public body
may make reasonable charges for its actual costs in responding
to a FOIA request. |
AO-40-01
|
Discussion or
transaction of public business by three or more members
of a public body constitutes a meeting under FOIA. |
September
|
|
AO-41-01
|
Application
of FOIA to a tourism program run by a local chamber of
commerce for the city council. |
AO-42-01
|
Access to list
of the names of individuals who have made a FOIA request
to a public body. |
AO-43-01
|
FOIA requires
that notice of public meetings be posted in two physical
locations. |
AO-44-01
|
Name of physician
at a state correctional facility is available under FOIA.
|
October
|
|
AO-45-01
|
A motion offered
by a public body to enter into a closed meeting must contain
three procedural requirements of FOIA, in that it states
specific statutory exemption, the subject, and the purpose
of the closed meeting. A public body may properly enter
into closed meeting to discuss a potential request for
financial assistance relating to the expansion of an existing
business or industry. |
AO-46-01
|
Where three
or more members of a public body continue discussions
of public business after a public meeting has adjourned,
such a gathering is a meeting under FOIA, even if the
members are discussing the business with staff. The procedural
requirements for conducting a meeting would not be invoked
if three or more members attend a function that was not
arranged for the purpose of discussing or transacting
public business (i.e. dinner), so long as no public business
is actually discussed. |
AO-48-01
|
Receiving a
line of credit from a public body does not make a non-profit
hospital a public body. The removal and reappointment
of a hospitals' directors by a board of supervisors does
not make the hospital a public body. |
November
|
|
AO-47-01
|
A public body's
requirement to provide two-business days' notice to review
scholastic records is consistent with the five day statutory
deadline. |
December
|
|
AO-49-01
|
A public body
may create a new record in its discretion; however, it
cannot charge a requestor without prior consent. A public
body may not charge a requestor for sending courtesy copies
of a FOIA request to a third party as it is a general
cost associated with the transacting of general business
of the public body. Staff time spent responding to a FOIA
request is an actual cost that may be passed on to a requestor;
however, whether or not the actual cost is also reasonable
is a question for the courts. |
AO-50-01
|
A county administrator,
as the chief executive officer, may properly withhold
correspondence between her and the board of supervisors. |
