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VIRGINIA FREEDOM OF INFORMATION ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA


ADVISORY OPINIONS ISSUED

2012

Opinion No. Issue(s)

March


AO-01-12

911 records are public records under FOIA. Whether any exemptions apply to 911 records must be determined on a case-by-case basis.

AO-02-12

In responding to a request for public records, a public body is responsible to provide the public records prepared by, owned by, or in the possession of the responding public body. When it provides all such responsive public records that it has, no additional response is required under FOIA.

April


AO-03-12

A public official may only charge his or her rate of pay as a public official when responding to requests for public records.

October


AO-04-12

A telephone billing record paid by a public official in his personal capacity that was not prepared for or used in the transaction of public business is not a public record subject to FOIA. Such a telephone billing record is not paid with public funds, only indicates that a call was made (it does not reveal the contents of the call or who made it), and is prepared by the service provider in order to receive payment as part of a commercial transaction.

AO-05-12

Subsection F of § 2.2-3707 requires that agenda packets be made available for public inspection at the same time they are furnished to members of the public body

December


AO-06-12

Considering three different records exemptions, an adult arrestee photograph ("mug shot") may not be withheld as a noncriminal incident record; may be withheld if its release would jeopardize a felony investigation; and may be withheld if the subject depicted is also a witness.

AO-07-12

A public instrumentality exercising public and essential governmental functions is a public body subject to FOIA.

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