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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
|
ADVISORY
OPINIONS ISSUED
2020
| Opinion
No. |
Issue(s)
|
May |
|
AO-01-20 |
Closed
meeting motions must include a subject, purpose,
and citation and must be set forth in detail in the meeting
minutes. Votes taken after a closed meeting must
reasonably identify the substance of the vote. Meeting
minutes must include a summary of the discussion on
matters proposed, deliberated or decided, and a record
of any votes taken. |
AO-02-20 |
A
public body may not provide a requester with a summary
of an existing record instead of the record itself, even
when
the record may be redacted, unless the requester agrees
to
accept the summary instead. |
September |
|
AO-03-20 |
The
records exclusion at subdivision 1 of § 2.2-3705.3
exempts from mandatory disclosure "information relating
to investigations of applicants for licenses and permits,
and of all licensees and permittees, made by or submitted
to" certain public bodies. That language includes
the application and materials submitted.. Additionally,
unlike several other exemptions in the same section, the
language of this exemption does not limit its application
to active investigations nor does it require the disclosure
of inactive or completed reports. |
October |
|
AO-04-20 |
The
provisions of § 2.2-3708.2 allowing members to participate
in meetings by electronic communication means are alternative
meetings procedures, not exemptions from public access
that would allow meetings to be closed to the public.
If a member is calling in due to a disability or medical
condition or due to a personal matter, the member must
specify which reason it is in order to notify the chair
and comply with the requirements for minutes. A generalized
concern about illness is not a sufficient reason to use
the provision allowing remote participation due to a disability
or medical condition, but following the recommendations
of VDH and CDC to stay home during the COVID-19 state
of emergency is a sufficient reason, particularly if the
member is in one of the categories at higher risk to contract
a severe illness. However, each body may set its own policy
on participation as allowed by FOIA, up to and including
not using these remote participation provisions at all. |
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