| Opinion
No. |
Issue(s)
|
January
|
|
AO-01-07
|
The
closed meeting exemption for consultation with counsel
regarding specific legal matters may not be used for the
purpose of discussing a general policy in the absence
of any specific legal transaction or dispute. |
March
|
|
AO-02-07
|
A
public body may charge for the actual cost of staff time
spent redacting records in response to a request. It may
not charge any additional fee for a separate legal review
of the same records. |
AO-03-07
|
An
electronic mail message header showing the time and date
when the message was received by a public body may not
be withheld as documentation or other information
that describes the design, function, operation or access
control features of any security system under subdivision
3 of § 2.2-3705.2. |
AO-04-07
|
The
authority of the FOIA Council is limited by statute to
providing advisory opinions and guidance regarding FOIA.
An opinion advising on the interaction of boat titling
and registration laws with provisions of the Government
Data Collections and Dissemination Practices Act would
be beyond the authority of this office. |
May
|
|
AO-05-07
|
The student government of a public institution of higher
education is a public body subject to FOIA. The branches
of student government are analogous to the organization
of government generally (i.e., legislative, executive,
and judicial). |
June
|
|
AO-06-07
|
Meetings must be noticed for the time when they actually
begin. A public body must approve by vote in an open meeting
a motion to convene a closed meeting, and must certify
the closed meeting after reconvening in open session.
The motion and certification must be included in the meeting
minutes, along with records of the votes taken to approve
the motion and certification. |
July |
|
AO-07-07
|
A center for independent living that receives 93% of its
funding from public sources is a public body subject to
FOIA. |
AO-08-07
|
FOIA requires public notice to be given when a public
body holds a public meeting. Failure to give the required
notice is a violation of FOIA. |
AO-09-07
|
FOIA allows a public body to charge for existing records.
FOIA does not address what a public body may charge for
additional access features beyond inspection and copying
of existing records. |
AO-10-07
|
Determining whether an entity is a public body as a committee,
subcommittee, or other entity however designated of a
public body depends on how the entity was formed
and what functions it performs. |
October |
|
AO-11-07
|
A citizen advisory committee created by a constitutional
officer is not itself a public body subject to FOIA. Records
concerning such a committee in the possession of the constitutional
officer are public records subject to FOIA. |
AO-12-07
|
If
a public body denies a request for public records in whole
or part, it must send the requester a written response
citing the law that allows the records to be withheld.
The release of certain Department of Social Services records
pertaining to child support enforcement matters is prohibited
by law under Title 63.2 of the Code of Virginia. |
AO-13-07
|
FOIA
allows public bodies to hold closed meetings to discuss
the acquisition of real property if holding the discussion
in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body.
Absent such jeopardy to the public body's bargaining position
or negotiating strategy, these discussions must be open. |
