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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
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ADVISORY
OPINIONS ISSUED
2021
Opinion
No. |
Issue(s)
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January |
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AO-01-21 |
Although
personnel records may be withheld from public
disclosure, accounting records that reflect payments made
by a public body to a former employee pursuant to a
settlement agreement are not exempt. As this office is
not a
trier of fact, only a court has the authority to resolve
factual
disputes about specific records. |
May |
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AO-02-21 |
The
Parole Board is largely excepted from FOIA, but that
exception only applies to the Board itself. However, the
Office of the State Inspector General (OSIG) may withhold
certain records it receives from the Board pursuant to
the
administrative investigation exemption at subdivision
7 of
§ 2.2-3705.3. The same exemption requires that OSIG
must release records of completed investigations in
redacted form. FOIA does not prohibit the release of OSIG
reports by members of the General Assembly, but it would
be beyond the statutory authority of this office to opine
whether other laws outside of FOIA may act as such
prohibitions on voluntary disclosure. |
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