| Opinion
No. |
Issue(s)
|
January |
|
AO-01-18 |
FOIA
provides that public records must be disclosed except
as otherwise specifically provided by law. Tax code provisions
such as § 58.1-3 are "as otherwise specifically
provided by law." The statutory authority of this
office is limited to FOIA matters. |
February |
|
AO-02-18 |
A
motion to convene a closed meeting must identify the subject
of the meeting, the purpose of the meeting, and the exemption(s)
which allow the meeting to be closed. A motion that fails
to identify the subject, or lacks any other element, is
insufficient. There is no general exemption for public
bodies to discuss police investigations in closed meetings.
Votes are required to be taken at open meetings; decisions
made in closed meetings are not effective until a vote
is taken at an open meeting. |
March |
|
AO-03-18 |
The
definition of "public body" includes, among
other
entities, "any committee, subcommittee, or other
entity
however designated, of the public body created to perform
delegated functions of the public body or to advise the
public body." A budget task force appointed by a
school
superintendent that advises the superintendent is not
a
"public body" under this definition. |
May |
|
AO-04-18 |
Discusses
general open meetings requirements of public bodies and
their committees as well as obligations of public bodies
in response to a request for public records. A public
body is not required to record open meetings itself but
must afford the public the opportunity to record the meetings.
A committee of a public body is not required to record
minutes of an open meeting if the committee membership
is comprised of less than a majority of the public body
membership. While a public body must post a link on its
website to any routine exemption policy for records, there
is no requirement as to how that policy is formed or that
the policy be contained in a physical policy document.
A public body must state in writing the reasons why public
records are not provided in response to a request for
public records. |
August |
|
AO-05-18 |
A
custodian may require a requester of public records to
provide his legal name and address and may attempt to
verify that a requester is a citizen of the Commonwealth,
a representative of newspapers and magazines with circulation
in the Commonwealth, or a representative of radio and
television stations broadcasting in or into the Commonwealth.
Requiring a specific form of identification without an
alternative for those who do not have such identification,
however, restricts access to information promised by the
policy of FOIA. Public bodies must make a proper motion
to enter into each closed meeting, even if there are multiple
closed meetings within the same open meeting. |
AO-06-18 |
It is possible that electronic mail message headers could
include legal advice and information protected by the
attorney-client privilege exempt from mandatory disclosure
pursuant to subsection 2 of § 2.2-3705.2. That exemption
includes advice from legal counsel to officers of a public
body as well as employees of the public body, and does
not place a limit on how many officers or employees of
the public body may receive the advice at one time. It
is also possible that electronic mail message headers
could include information describing the design, function,
operation, or access control features of a security system
that would be exempt from mandatory disclosure pursuant
to subsection 2 of § 2.2-3405.1. |
AO-07-18 |
Application
forms for medical cannabis pharmaceutical processor permits
that are maintained by the Board of Pharmacy are not subject
to the disclosure requirements of FOIA pursuant to §
54.1-108. |
AO-08-18 |
Discusses
the use of the contract negotiations and economic development
records exemptions. FOIA allows a records custodian to
disclose exempt records in his discretion. Also discuss
the working papers exemption as it applies to Cabinet
Secretaries. |
October |
|
AO-09-18 |
Discusses
the general requirements of a public body when replying
to a request for records pursuant to FOIA as well as the
exemptions from mandatory disclosure for (i) legal advice
and information protected by attorney-client privilege
and (ii) work product compiled for use in litigation.
Additionally addresses who has the responsibility to clarify
ambiguities in requests, fines for violations of FOIA,
charges that may be assessed in relation to a request,
and remedies citizens have under FOIA. |
