| Opinion
No. |
Issue(s)
|
January |
|
AO-01-14 |
Discusses
the use of the contract negotiations and economic development
records exemptions. FOIA allows a records custodian to
disclose exempt records in his discretion. FOIA does not
require a custodian to engage in a balancing test in exercising
that discretion, or to justify or explain a decision not
to disclose exempt records. |
AO-02-14 |
FOIA
does not define the term "custodian," but for
FOIA purposes, generally the custodian is the person in
charge of public records. Each public body may designate
who is to act as custodian of its public records. FOIA
does not apply to records that are not public records
in the transaction of public business. |
April |
|
AO-03-14 |
When
members of a council attend and participate in meetings
held by the council's subcommittees, the subcommittee
meetings are in fact meetings of the council. |
May |
|
AO-04-14 |
Suicide
reports and related records may be withheld as criminal
investigative files because suicide remains a crime in
Virginia. To the extent it conflicts with this opinion,
AO-10-03 is hereby rescinded. |
June |
|
AO-05-14 |
Requesters
and public bodies may reach their own agreements on the
terms of production of public records. Such agreements
should address any variations in response timing and charges
to which the parties agree. |
September |
|
AO-06-14 |
Public
bodies have five working days to respond to a request
for public records, and may invoke an additional seven
working days to respond. The statutory remedy for a FOIA
violation is to file a petition for mandamus or injunction
supported by an affidavit showing good cause. Only a court
may decide upon the appropriate remedy in each case. |
December |
|
AO-07-14 |
As
a general rule, an individual is not a public body for
meetings purposes even if designated as a "board"
by statute. Records prepared, owned, or possessed by that
member in the transaction of public business are public
records subject to FOIA. |
