Freedom of Information and "Open Government" Flashcards
What is the Virginia Freedom of Information Act?
Provides that, unless otherwise specifically stated, all public records shall be open to inspection and copying and that “access to such records shall not be denied”
Wehn a FOIA request is made, how long does public body have to respond?
“Promptly, but in all cases within 5 working days of receiving a request”
How may the public body respond?
- Requested records will be provided
- Requested records are being withheld because release prohibited by law
- Requested records are being provided in part and withheld in part because release of part is prohibited by law (identify with reasonable particularitly subject matter of withheld portions and cite specific Code sections that authorize)
- Requested records could not be found or do not exist
- Not practically possible to provide requested records or determine whether available in five working days
What if the government agency does not respond at all?
Automatically deemed a denial and violates the law
What construction is given to exemptions from FOIA?
Must be narrowly construed and FOIA places burden of proof on the public body to “establish an exemption by a preponderance of the evidence”
What is the concept of “assured access?”
Says none of exemptions can prevent access to:
1. Contracts between public entity and officers/employees
2. Non-exempt portions of consultant reports
How should meetings presumptively be held?
FOIA generally prohibits any transaction of public business other than by votes at public meetings
* All meetings of public bodies shall be open
* At least 1 copy of all agenda packets and, unless exempt, all materials furnished to members of a public body for a meeting shall be made available for public inspection
What is the “minutes” requirement?
FOIA request minutes be taken at all regular open meetings (e.g., draft minutes, and all other records of open meetings)
When may the public body hold a “Closed” or “Executive” Session?
Only if it has taken an affirmative recorded vote in an open meeting:
1. Identifying the subject matter
2. Stating the purpose of the meeting AND
3. Making specific reference to applicable FOIA exemption from open meeting requirements
What must happen at conclusion of any “closed meeting?”
Public body must immediately reconvene in an open meeting and take a roll call or other recorded vote to be included in the minutes of that body
What is the presumption on failure by public body to follow FOIA procedures?
Any failure by public body to follow procedures established by FOIA is “presumed to be violation of the ACT”
What has Supreme Court of VA held in terms of governmental body responding to FOIA requests?
May charge reasonable amounts for:
* Copying or printing charges
* Cost of searching for responsive records AND
* Cost of analyzing records located in order to determine their productibility in light of the statutory requirements and the many statutory exemptions for specific categories of records
