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


ADVISORY OPINIONS ISSUED

2010

Opinion No. Issue(s)

February


AO-01-10

Records that have been entered into evidence and made part of the public record at a public hearing may not subsequently be withheld from disclosure as exempt records of a criminal investigation or prosecution.

March


AO-02-10

A motion to convene a closed meeting must identify the subject of the meeting, the purpose of the meeting, and cite an applicable exemption from the open meeting requirements. In order to avoid confusion and misunderstanding, the preferred practice is to make a separate motion for each topic that will come under consideration during a closed meeting.

June


AO-03-10

FOIA provides exemptions from mandatory disclosure for certain records related to closed meetings. However, FOIA does not address whether a mayor may demand that at the conclusion of a closed meeting members of a local governing body give to the mayor any documents distributed or notes taken during the closed meeting.

November


AO-04-10

For the purpose of the definition of public records, the meaning of "in the transaction of public business" must be examined on a case by case basis. FOIA does not mandate how to perform a search for records, but any search that is conducted must be carried out in good faith.

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