FOIA and Open Government

Question 1

Does VA have its own FOIA act?

Answer 1

Yes

Question 2

How long does local government have to answer a FOIA request?

Answer 2

Promptly but within 5 working days of request

Question 3

What are the responses one can receive for a FOIA request?

Answer 3

Records will be provided
Records will be entirely withheld
Records provided in part and withheld in part - (with code sections provided on areas of law prohibiting provision of docs)
Records could not be found
Not practically possible to provide or determine availability within 5 days (given an extra 7 days to provide a reason in 1-4)

Question 4

What happens if local gov doesn’t respond to FOIA request?

Answer 4

Automatically deemed a denial and a violation of this chapter

Question 5

What are some types of exempted records under FOIA?

Answer 5

Personnel records
Attorney work product
Criminal records
Testing/licensing results
Proprietary
Designs
Trade secrets

Question 6

Is FOIA narrowly or broadly construed?

Answer 6

Narrowly

Question 7

Who is burden of proof on in FOIA request?

Answer 7

On public body to show by preponderance of the evidence that an exemption exists

Question 8

Can business of a governing body be transacted in private?

Answer 8

No. Prohibited by FOIA.

Question 9

Can business of a governing body be transacted on phone, video, zoom?

Answer 9

No. Must be assembled in person

Question 10

What are the requirements for a closed/executive session of a governing body?

Answer 10

They vote in open meeting
Identify subject
State purpose of the meeting
Show exemption of FOIA

Question 11

What are examples of closed meeting topics?

Answer 11

Employment decisions
Disposition of publicly held property
Actual/probably litigation discussions
Tests and exams
Hazardous waste siting
Contracting - interview of bidders, negotiations

Question 12

What does public body have to do after closed session?

Answer 12

Immediately reconvene in public and take a roll call

Each member certifies only public yet exempted matters and discussions were held

Question 13

What is FOIA’s rule for voting?

Answer 13

No resolution ordinance contract regulation or motion approved in a closed meeting shall be effective until

Reconvene in public meeting
Identify issue
Take vote in open meeting

Question 14

Can a petitioner recover damages or fees from public body if they fail to adhere to FOIA rules?

Answer 14

Yes. If they substantially prevail on the issues the public body may be required to pay attorneys fees and reasonable fees for experts