Sunrise over V.A. Capitol.
VIRGINIA FREEDOM OF INFORMATION ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA


ADVISORY OPINIONS ISSUED

2021

Opinion No. Issue(s)

January


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


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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