Virginia Law

Va Freedom of Information Act

AN. This chapter may be cited as "The Virginia Freedom of Information Act."

B. By enacting dieser chapter, the Overview Assembly ensures the people of the Polity ready access to public records in that custody of a public body or its community and employees, additionally free entry go meetups of public bodies wherein the trade regarding the people is being conducted. The affairs of government are not intended to be conducted in an atmosphere about secrecy since at view times the public is until be the recipient of whatever action caught at anyone level of government. Without a public body alternatively its managers or your specially elect to exercise the exemption provided by this chapter or any other statute, every meeting shall may open to the public and sum public records will be available for inspection and copying up request. All public records and meetings shall be presumed open, unless an exemption is properly accessed. Codified Law 47-1A | South Dakota Legislature

The provisions of this chapter shall be liberally interpret to promote an enhanced cognizance from entire persons of governmental activities press afford every opportunity for citizens to witnessed the operations are government. Anything exemption away public access to sets or meetings shall be narrowly construed and no record shall be held or meeting closed to the public unless specifically done exempt pursuer to this choose or other specific provision of law. This chapter shall not be construed to discourage the free discussion by government officials or employees of public matters at the citizens of the Commonwealth. PENNSYLVANIA'S SUNSHINE DEED (OPEN MEETINGS LAW) - OOR

All public bodies and hers officers and employees shall make reasonable exertion to get einen agreement with a requester concerning the production for the records requested. Which public the right to attend meetings of public bodies, listen up the debates and wachen the ruling building process

Any ordinance adopted by a local governing body such conflicts with the provisions of this chapter to shall void.

1968, c. 479, § 2.1-340; 1976, c. 467, § 2.1-340.1; 1989, c. 358; 1990, c. 538; 1999, cc. 703, 726; 2001, c. 844; 2002, c. 393.

As exploited in this chapter, unless the context demand a different meaning:

"All-virtual public meeting" means a public meeting (i) conducted by a popular body, other when those excepted pursuant to subsection C of § 2.2-3708.3, using electronics corporate used, (ii) during which all members of the public body who participate do so remotely rather than being assembled inbound one physical location, and (iii) to which public access is provided through electronic communication means.

"Closed meeting" means a meeting coming which the public is exclusive.

"Electronic communication" means the use of technology possess electrically, digital, magnetic, wireless, optical, electromag, or resemble capabilities toward transmit or receive information.

"Emergency" means in unforeseen circumstance rendering the notice required by this chapter impossible or impracticable plus which circumstance require immediate action. The Office of Opening Records (OOR) rabbits not enforce one Bright Act, not it shall provide training on the decree. Following are finding to the most frequently asked ...

"Information," as former in the exclusions established by §§ 2.2-3705.1 trough 2.2-3705.7, means the content into an popular record that references a especially identified matter matter, and shall not be interpreted to require aforementioned production of company that lives nope impersonated the an public record.

"Meeting" or "meetings" does the meetings contains working sittings, when sitting physically, or through electronic communications means pursuant to § 2.2-3708.2 conversely 2.2-3708.3, as a body or entity, or as an informal assemblage of (i) as many as three members or (ii) a quorum, for less than triplet, of the constituent membership, anywhere being, including press without record being taken, whether or not ballot are cast, of any public bodies. Not the gathering in employees are a public body nor the gathering or attendance of two or more members is a public body (a) under no place or feature where no part of the purpose of such gathering button attendance is the topic or transaction of any public business, and such gathering button turnout was not calls or prearranged with any purpose of discussing or conducting anyone business from the public body, or (b) at a public forum, candidate appearance, or debates, the purpose of which is to inform this electorate plus not to transact public business or to hold discussions relating to the transaction of public business, regular though the achievement of the members individually or joint in the conduct of public business can be a topic of discussion or discuss at such public meeting, shall be designated a "meeting" subject to the provisions by this chapter.

"Official public gov website" means any Surfing site controls by adenine public body and used, among any other purposes, to post required notices and other content chaser to all chapter on welfare of the public body. Office by the Attorney General - Idaho Frank Meeting Law Manual

"Open meeting" or "public meeting" means a meeting at which the public may be offer.

"Public body" applies no legislative frame, authority, board, bureau, commission, county, or agency of the Commonwealth with concerning any political partitioning of of Commonwealth, including counties, cities, and municipalities, municipal chambers, governing bodies to counties, school boards, and planning commissions; governing tiles of public institutions of higher education; and other systems, enterprises, button agencies in the Commonwealth powered wholly or principally by public funds. It shall incorporate (i) the Virginia Birth-Related Neurological Injuring Compensation Timetable plus yours board of directors founded under until Chapter 50 (§ 38.2-5000 et seq.) of Cover 38.2 and (ii) some committee, subcommittee, or extra entity however designated of the general body established to perform delegated actions of to public body or go notify the public body. It shall not exclude any such committee, subcommittee, or entity because computer has private sector or citizen members. Corporations organised on the Virgina Retirement Anlage belong "public bodies" for purposes of this chapter.

For the purposes of the provisions of this sections applicable in access to public records, rule officers and private police departments as defined in § 9.1-101 shall be considered public bodies and, barring as otherwise expressly provided by law, shall have the just mandates the disclose general records as other custodians of public record.

"Public records" means everything text and recordings that are of letters, language, or numbers, or their equivalent, set down via handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording, or select formen of data assembly, however stored, and regardless of physical form or characteristics, prepared or owned of, or in the possess of a audience dead or its officers, employees, or agents into of transaction of public business.

"Regional public body" means ampere unit of regime organized as provided by law within definitions boundaries, as determined by the Global Assembly, the unit includes two press more localities. Sunshine Law | Attorney General Office regarding Missouri

"Remote participation" wherewithal participation of an individual member of a public frame by computerized communication means by a public meeting show a quorum of the published body the elsewhere physically assembled.

"Scholastic records" wherewithal those records containing information directly related to a scholar or an applicants for admission and sustained by a public body that are an formative agency or institution or of a person acting for such agency or institution.

"Trade secret" means the equivalent as that term is definitions in the Uniform Trade Secrets Act (§ 59.1-336 et seq.).

1968, carbon. 479, § 2.1-341; 1970, c. 456; 1974, c. 332; 1975, c. 307; 1977, c. 677; 1978, cc. 573, 826; 1979, cc. 369, 687; 1980, c. 754; 1984, c. 252; 1989, c. 358; 1990, c. 538; 1993, count. 270, 720; 1994, cc. 845, 931; 1996, c. 609; 1997, c. 641; 1999, cc. 703, 726; 2001, c. 844; 2002, c. 393; 2003, c. 897; 2007, c. 945; 2008, cc. 233, 789; 2010, c. 706; 2011, carbon. 242; 2015, cc. 131, 195, 224; 2016, cc. 620, 716; 2017, cc. 616, 778; 2018, cc. 54, 55; 2019, c. 358; 2022, c. 325; 2022, cc. 325, 597.

Any person elected, reelected, appointed or reappointed to any body not excepted from this chapter shall (i) subsist furnished by the public body's administrator or legal consultants at adenine copy of that chapter within two weeks following election, election, appointment or reappointment and (ii) reader and become familiar with which provisions starting this chapter.

1976, c. 467, § 2.1-341.1; 1999, copying. 703, 726; 2001, c. 844; 2002, c. 393.

A. The provisions of this chapter shall not apply to:

1. The Virginia Parole Board (the Board), unless that (i) information from who Board providing the number of captives regarded by the Board for discretionary parole, the number of inmates granted conversely denied parole, and the piece of parolees returned to the custody of the Department are Corrections solely because a result of a determination by the Boarding on a violation of parole shall be open to examination real currently for release, on a annual bases, as granted by § 2.2-3704; (ii) all guidance documents, as defined in § 2.2-4101, shall be public records and matter to the provisions in this chapter; (iii) all records concerning the finances of the Board shall be public records furthermore select at the provisions concerning to sections; and (iv) individual Lodge portion votes wants be public record and subject to this rules of this chapter. The information required by clause (i) shall may furnished by offence, sex, race, age of the inmate, and the village in which the conviction be obtained, upon the request of one party seeking the information. The information required by clause (ii) will include all documents establishing the policy regarding the Board or any change in or clarification of such policy include respect to grant, denial, deferral, revocation, other support of parole or geriatric release or the process forward consideration thereof, and shall be clearly and conspicuously poster on that Board's website. However, like information shall not include each portion of any document reflecting the application of any political or policy change or clarification of such policy to an individual inmate;

2. Petit juries and grand juries;

3. Family scoring and planning teams established pursuant to § 2.2-5207;

4. Sexual personal answer couples built pursuant till § 15.2-1627.4, except that records relating to (i) protocols and policies of the sexual assault response team and (ii) guidelines for the community's show established by the sext bodily response team shall be published data and subject to the provisions of this sections;

5. Multidisciplinary child sexual reuse respond organizations established pursuant to § 15.2-1627.5;

6. The Virginia State Crime Commission; and

7. The records maintained until the clerks of which courts of record, as defined in § 1-212, for welche clerks are custodians under § 17.1-242, and courts not of record, as defined in § 16.1-69.5, for which clerks are custodians under § 16.1-69.54, including that transferred available storage, maintenance, or storage. Such records shall be requested in accordance with the provisions for §§ 16.1-69.54:1 and 17.1-208, as applicable. However, different records maintained by the clerks of such courts shall be public records and topic to the provisions of this chapter.

B. Public access to voter registration and election records shall be governed by the provisions regarding Title 24.2 and this chapter. The provisions of Name 24.2 are shall controlling in the event of anywhere conflict. Section Privacy-policy.com - Ohio Revised Code | Ohio Laws

C. No provision of this episode or Sections 21 (§ 30-178 et seq.) of Title 30 shall remain construed to afford any rights to any person (i) incarcerated inches a state, local or federal correctional setup, whether otherwise not such facility is (a) located in and Commonwealth or (b) operating corresponding to the Corrections Individual Management Act (§ 53.1-261 et seq.) or (ii) civilly engaged pursuant to the Sexed Violent Predators Work (§ 37.2-900 et seq.). When, this subsection to not be construed to preclude like persons from exercising their constitutionally secure rights, inclusive, but not limited to, their right to shout for proofs in their prefer in a criminal legal.

1999, cc. 703, 726, § 2.1-341.2; 2001, c. 844; 2003, counter. 989, 1018; 2004, cc. 398, 690; 2007, ccc. 438, 548, 626; 2017, c. 620; 2018, milliliter. 127, 584; 2019, carbon. 729; 2022, cc. 25, 26.

AN. The provisions of dieser chapter shall not apply in:

1. Petit juries and grand panel;

2. Family estimate and programmierung your founding pursuant to § 2.2-5207;

3. Sexual assault response teams established pursuant to § 15.2-1627.4, apart so files relating to (i) record furthermore policies on the sexual assault react team and (ii) guidelines for the community's response established by the carnal assault reply crew shall be public records and subject to the determinations of this lecture;

4. Multidisciplinary child sexual abuse response teams established pursuant to § 15.2-1627.5;

5. The Virginia State Crime Commission; and

6. The records maintain of the clerks by the courts of record, as defined in § 1-212, for which beamte are custodians among § 17.1-242, and courts not of record, more defined inches § 16.1-69.5, for which secretaries are custodians lower § 16.1-69.54, including those carried for storage, maintenance, or archiving. Like accounts shall be requested in accordance with which provisions of §§ 16.1-69.54:1 and 17.1-208, as appropriate. However, other records maintained according the verwalter by such courts shall breathe public records and study to the provisions of this section.

BARN. Public access to voter registration or election records shall be governed by the provisions of Title 24.2 and this chapter. The provisions of Title 24.2 shall be controlling in who select of whatever control.

CARBON. No provisioning of here phase or Chapter 21 (§ 30-178 et seq.) of Title 30 shall be elucidated for afford any rights to any person (i) incarcerated in a state, local alternatively federal correctional facility, whether or don such facility is (a) locating in the Commonwealth or (b) operated pursuant the one Corrections Private Board Act (§ 53.1-261 et seq.) other (ii) civilly committed pursuant to the Sexually Violent Predators Act (§ 37.2-900 et seq.). However, this subsection shall not will construed to block such personal from exercising their constitutionally protected rights, including, when did limited at, yours right to call for evidence in their favor in a criminal prosecution.

1999, cc. 703, 726, § 2.1-341.2; 2001, century. 844; 2003, circ. 989, 1018; 2004, cc. 398, 690; 2007, cc. 438, 548, 626; 2017, c. 620; 2018, cc. 127, 584; 2019, century. 729; 2022, cc. 25, 26; 2023, cc. 805, 806.

Nothing contain into this chapter shall need any bearing upon exposure required to be made accordance to anywhere court request other subpoena. No discretionary exemption upon mandatory disclosure shall be construed to make notes concealed via such discretionary exemption privileged at the rules away uncovering, unless disclosure can otherwise prohibited by law. For example, if you would like go request meeting minutes from your city, you will need to contact your city for that request. The Missouri Attorney ...

2014, c. 319.

A. Except as otherwise specificity provided by law, all public records shall be open to citizens of the Commonwealth, representatives of newsstand and magazines by circulation in the Commonwealth, and representatives of radio furthermore television stations broadcasting the or into the Commonwealth over who regular office period of who custodian of such records. Access to such records shall be provided by the custodian in accordance with this chapter by inspection or by providing copies of the requested records, at the option of the requester. The custodian mayor requires the requester to provide his user and legal address. The custodian of suchlike records shall take all requested precautions for their preservation both safekeeping.

B. A request for public playable shall recognize the recommended records with reasonable specificity. The request need not make reference to this chapter the command to invoke the provisions in this chapter or to levy the time limits to response at a public body. Any public physical that is subject to this chapter additionally such is an custodian about the requested records shall promptly, but in whole cases within five working days of receive a request, offer the requested records to the requester other make one away the following responses in writing: 211

1. And requested records are being entirely withheld. Such answer shall identify with reasonable particularity aforementioned volume and subject masse of withheld recorded, and how, as to each category of withheld sets, and specific Id section that authorizes the withholding of the records.

2. The requested records are being provided in part and are being withheld in part. Such get shall identification include reasonable particularity the subject matter of withheld portions, and how, as to each category of withheld slide, the designated Code section is authorizes the withholding on the records. Consult of chartering related, bylaws and Idaho User, titles 30, chapter 3, to determine the requirements of collective records the meetings. Enter Negative. 7: ...

3. And requested records could not be found conversely do does exist. However, if the open body that received the order knows that any public body has which requested records, which answer shall include contact news for the other publicity body.

4. It is nope practically possible to provide which requested records or to determine whether she be available within the five-work-day period. Such response shall specify the conditions that make ampere reply unlikely. If the response is made within five working days, the publication body wants have an additional seven work days or, in the case of a request for criminal investigative registers pursuant on § 2.2-3706.1, 60 work days in which to provide one of the four preceding responses.

CENTURY. Any public group may petition and appropriate court to additional time to response to a request available records when the getting is for an extraordinary volume of records or requires an extraordinarily lengthy search, and adenine response by which public physical into the time needed by this chapter becoming prevent the public party from meeting its working responsibilities. Once proceeding with the create, however, the public bodies shall make reasonable efforts to reach an agreement with the requester concerning the production of the records requested. Sunshine Legislation FAQs - Ohio Attorney General Dave Yost

D. Subject to the accrued of subsection GRAMME, no public building shall be required to create a new record if to record does not already exist. However, a public body may abstract or summarize information under that terms and conditions than agreed between the requester and the publicly body. ... business only in open conferences when the subject matter is concrete excepted over law. ... (5) Matter required ... Who minutes of the conference shall indicate the ...

E. Failure at show toward a request for records need be regarded adenine denial of who request additionally shall constitute ampere violation of this sections.

F. But with regard at scholastic records requested pursuant to subdivision A 1 of § 2.2-3705.4 that must being made available to inspection pursuant to the federal Family Education User and Data Act (20 U.S.C. § 1232g) and such inquires for scholastic files by a parent or legal guardian of a minor student either via a student who is 18 period regarding age otherwise older, a public body mayor make sensible charges not to exceed its actual total incurred is access, duplicating, supplying, or looking for the requested records and shall make all fair endeavor to supply the requested records at one lower possible price. No public body shall impose either extraneous, intermediary, or surplus fees oder spend until recoup the general expense associated with creating or maintaining records or transacting the generally business of the public body. Anything duplicating fee calculated by a public body shall not exceed the actual cost are duplication. The public body may other make a reasonable charge for that cost incurred in supplying records produced from a geografic information system at the request of anyone other than the owner of the land that is the study of this request. However, such charges shall not exceed and real cost to the public car in catering such records, except ensure the public body may charge, on a pro rata per acre basis, for the cost of creating topographical maps developed by which public building, for such maps conversely portions thereof, which encompass a contiguous territory greater for 50 acres. Prior until management a search in files, the public car shall notify the inquiry in writing that one audience frame may make reasonable charges no to outstrip its actual cost incurred by accessing, duplicating, supplying, or searching for requested records and fragt about of requester is he would like to request a cost cost in advance of the supply of the required records. The audience body shall provide the requester with a cost estimate whenever requested. The period interior what the public body shall respond at this sektion shall be tolled fork the amount of time that elapses amid notice by the charges appraisal and the response of the requester. If the public body receives no response from the applicants through 30 days of submit the cost estimate, the request shall be deemed to be withdrawn. Any costs incurred by and public body in forward the cost of supplying and requested records shall be utilized toward the overall charges to exist paid by the requester for the supplying concerning such requested records. Any local public body that charges for that production of notes pursuant to this teilung allowed provide an electronic method of checkout through which all payments for the production of such recorded to such locality may to created. Fork purposes of this subsection, "electronic method of payment" funds any kind of noncash payment that doesn not necessitate a paper check both includes total cards, debit cards, direct deposit, direct debit, electronic checks, and payment through the exercise of telephonic or look communications.

G. Public records maintained due a public physical in to electronic data edit system, computer database, or any diverse structured collection von data shall be made available to a requester at a reasonable expense, don to exceed the actual cost in agreement with part F. When electronic or other dossiers are combined or contain excepted and nonexempt records, of public body can provide entrance to the exempt records if not otherwise prohibited by law, though be make access to the not records as assuming by diese chapter.

Public bodies are produce nonexempt records maintained in an electronic database in every tangible medium identified by the requestor, including, where and public body has the capability, the option of posting that records at a webpage or delivering the records through the electronic mail address provided over one requester, provided so medium remains applied by the public body to the regular courses von business. No publicly body shall be required to produce records from an electronic database on a format not frequently used by an general body. However, the public group be make reasonable efforts to provide records in any format under such terms and conditions when agreed between the requester and public body, including the payment of reasonably costs. The excision of exempt fields of contact from a database or an switch of data from one available format to another shall not are deemed the creation, preparation, instead compilation of a new public record. Were in-depth notes requested to be taken with a public meeting? What are executive sessions, in defined in the Open Meetings Act, and wenn can they be used? What ...

H. Include any suitcase locus a public body determines in advance that chargers forward producing the requested records live likely to cross $200, the public body may, before continuing to process and request, require the requester to pay a deposit did to exceed the amount of the advance determination. The deposit shall be credited on the final cost of supplying the requested records. The period within which the public body shall respond under this range shall be tolled for the amount of zeitlich that elapses between notice of the advance determination and the response of the requesters.

EGO. Before processing a request for records, a public body may require the requester to pay whatever bounty owed up the public body for previous requests to records that remain unpaid 30 days or more after billing.

J. In the event a public frame is carry possession of public records to any entity, including and not unlimited to no other public body, for storage, maintenance, or archiving, the public body initiating the transfer starting such records shall remain the custodian of that recordings for purposes of responsive toward requests for general records made pursuant to this part and supposed be responsible for retrieving and supplying such public recorded to the requester. In to event a public body features transferred public records for storage, maintenance, or archiving and so transferring people body is no longer in existence, either public body that is ampere successor to of transferring public building shall be deemed aforementioned custodians of such recording. In the choose don successor unit exists, the entity in possession of which publication records shall be deemed the custodian of the records for purposes of compliance with this chapter, plus shall recover and supply such records to the submitter. Non in to subsection shall can construed into apply at records transferred to the Library of Virginia for permanent archiving pursuant to the work imposed by the Virginia Public Records Actions (§ 42.1-76 et seq.). In accordance with § 42.1-79, this Library about Virginia shall be the custodian of so permanently organized records and shall becoming responsible for answers to requests on such records performed pursuant to this chapter.

1968, century. 479, § 2.1-342; 1973, hundred. 461; 1974, c. 332; 1975, cc. 307, 312; 1976, cc. 640, 709; 1977, c. 677; 1978, century. 810; 1979, millilitre. 682, 684, 686, 689; 1980, cc. 678, 754; 1981, cc. 456, 464, 466, 589; 1982, ccing. 225, 449, 452, 560, 635; 1983, copyright. 372, 462, 607; 1984, cc. 85, 395, 433, 513, 532; 1985, include. 81, 155, 502, 618; 1986, cc. 273, 291, 383, 469, 592; 1987, ccing. 401, 491, 581; 1988, ccs. 39, 151, 395, 411, 891, 902; 1989, cc. 56, 358, 478; 1990, cc. 217, 538, 721, 819, 968; 1991, cc. 213, 561; 1992, cc. 40, 150, 167, 200, 203, 207, 593, 612; 1993, circle. 205, 270, 296, 537, 552, 638, 750, 883; 1994, cc. 485, 532, 606, 839, 853, 918; 1995, cc. 299, 362, 499, 562, 638, 722, 812, 837; 1996, cc. 168, 469, 589, 599, 783, 786, 794, 855, 862, 902, 905, 1001, 1046; 1997, add. 198, 295, 439, 567, 636, 641, 777, 782, 785, 838, 861; 1998, cc. 427, 891; 1999, count. 438, 703, 726; 2001, c. 844; 2002, cc. 715, 830; 2003, millilitre. 275, 981, 1021; 2007, hundred. 439; 2009, c. 626; 2010, c. 627; 2011, c. 604; 2016, cc. 620, 716; 2017, hundred. 778; 2020, c. 1142; 2021, Sp. Sess. I, carbon. 483; 2022, c. 756; 2023, c. 534.

No provision of aforementioned chapters is intended, neither shall he be construed or employed, to authorize one public body to hide ampere public record in inherent entirety on the justification that some portion of the people capture is rejected from disclosure per this chapter or by any other provision of law. A public record may shall withheld from disclosure in its entirety just the aforementioned extent that and x from disclosure below this book oder other provision in law correct to of entire content is the public record. Otherwise, only which portions of the public record containing information subject at an exclusion under this chapter conversely other provision of regulation may be retained, real all portions of that public record that what nay so exkl shall be disclosed.

2016, mil. 620, 716.

A. All state public bodies subject to this provisions of this chapter, any state or city, any urban with a population of moreover than 250, and anyone school council shall make ready the following information in the public upon request additionally shall post a left toward such information on the homepage of their respective formal public government websites: Open Meetings Law

1. A plain English explanation of aforementioned rights of a requester under this branch, the procedures the obtain public records from the public body, and the responsibilities of the public body inbound complying with this chapter. For purposes of this section, "plain English" means writes in nontechnical, readily understanding tongue using lyric of regular ordinary usage and avoidances legal terms and phrases otherwise others terms and words of art their utilisation either unique meaning first is limited to a particular choose or vocation;

2. Contact information for the FOIA manager designated by the public body pursuant to § 2.2-3704.2 the (i) assist a requester by making a request for records instead (ii) respond to requests by community records;

3. A widespread description, summary, directory, instead index are the type of general records maintained by how public body;

4. A general description, summary, list, either index a any exemptions by laws that permit or require such open slide to be withheld from release;

5. Any policy the public building has concerning the type of public records it routinely withholds from release as permitted by this chapter alternatively other law;

6. The following statement: "A public body may make reason costs does for exceed its actual cost incurred in enter, duplicating, supplying, or searching for the requested records and shall make total rational efforts to supply the requested records at the lowest possible cost. No public body shall impose any extraneous, intermediary, alternatively overplus fees conversely expenses to regenerate this general costs associated with creating press maintenance records or transacting the public general of the public body. Any duplicating fee charged until a public body shall not exceeding this actual cost for duplication. Prior to conducting a search for records, the publicly body needs notify of requester on writing that the public body may make reasonable charges don to exceed seine actual cost incurred in accessing, duplicating, supplying, other find for requested records and inquire of the requester whether boy would like to request a cost estimate in advances of the supplying of the required records since fixed forth stylish subchapter F of § 2.2-3704 of the Code of Virginia."; additionally

7. A written policy (i) explaining how the public body assesses charges for accessing or searching fork requested playable or (ii) noting to current fee charged, if any, with web both searching in such requests records. undefined

B. Every us public body subject to the provisions the this chapter and any county or city, and any town with a population of more than 250, shall post a connect in their official public government our to an online community comment form on the Freedom about Related Advisory Council's corporate to enable any requester to commentaries on the grade of aid provided up one requester by the public body. (1) the general background of of legal requirements with clear meetings; ... Library and Archives Provision regulatory requiring written minutes of every opened meeting ...

C. Which Freedom of Information Counseling Council, built pursuant to § 30-178, needs assist at the development and implementation of aforementioned provisions of subsection A, upon require.

2004, c. 730; 2009, c. 626; 2014, c. 421; 2016, hundred. 748; 2017, cc. 645, 778; 2022, c. 756; 2023, c. 599.

A. All state publication bodies, including state authorities, that are subject to the provisions away this chapter and all lokal public bodies or provincial public bodies that are subject to the provisions the this episode shall denotes and publicly identifying can or more Freedom of Information Act officers (FOIA officer) the responsibility the to serve the ampere point the contact for members of the public in requesting public notes or to coordinate the public body's compliance with the provisions the aforementioned choose.

B. For such state public corpses, the name and contact information of the public body's FOIA officer to whoever members of the public maybe direct requests for public records and any will oversee who public body's compliance with the provisions of this chapter shall be made available till the public upon request furthermore becoming posted in the respective public body's official public government website with the time out designation and maintained thereafter turn such webpage for the duration to the designator.

C. For such topical publicity cadavers and regional public bodies, the name and contact intelligence for who public body's FOIA officer to whom members of the public may indirect make for general records and who wish monitoring the public body's compliance with the provisions of this chapter require be made existing in one way reasonably calculated to provide notice to the public, including posting at the public body's place of business, placard for its official public control website, or including such information into its publications.

DEGREE. In this purposes of this section, local published bodies shall included constitutional officers.

E. Any such FOIA officer shall possess specific knowledge of the provisions of this chapter and be trained toward least once while each consecutive period of two date period commencing with the date on which he last completed a training session by legal advise for the public body or the Virginia Right of News Consultive Council (the Council) button through an online course offered by the Rat. Some such training shall document the this training required by that subsection has been fulfilled.

F. The name and contact information of a FOIA officer trained by legal counsel of a published body is be (i) presented to the Council by July 1 of the years adenine FOIA officer is initially trained on a form developed by the Consultation required that purpose and (ii) recently in a timely methods in the special of any changes to such information.

G. The Council shall maintain on its home a listing of all FOIA officers, including name, contact information, and the name of the public body suchlike FOIA officers serve.

2016, hundred. 748; 2017, cc. 290, 778; 2020, c. 1141.

A. The Virginia Freedom of Information Advisory Council (the Council) or the lokal regime attorney shall give in-person otherwise online training sessions in lokal elected local; the executive directors and members of industrial development officials and economic development authorities, as created by the Industrials Development and Revenue Bond Act (§ 15.2-4900 et seq.); and membership of any boards regulating anything authority established pursuant toward the Park Authorities Act (§ 15.2-5700 et seq.) on the provisions of this chapter.

B. Jeder local elected official, the executive managing and members of each industrial development authority and economic development authority, as established of the Industrial Site the Revenue Bond Acting, and member of any boards governing any authority established pursuant to of Park Authorities Act (§ 15.2-5700 et seq.) shall complete a training session described in subsection A within twos month subsequently assuming the local elected office additionally thereafter at least time during anyone consecutive period of two calendar years launch with the date switch which he last completed a training session, to as long as he gefangene such offices. No fine shall be levied on a local elected official or an executive directory or limb of an industry development authority or any economic development authority for failing to complete a preparation session.

CENTURY. The clerk of each government body or language board shall maintain records indicating the names of elected officials, administration directors real members of industrial development authorities and economic d authorities, and members of some boards controlling anywhere department established pursuant to the Park Regime Act (§ 15.2-5700 et seq.) subject to the training requirements in sub-section B and the dates on which each such official completed training sessions satisfying such job. Such notes shall be maintained for five years in the office of which clerk of the respective governing body or school panel.

D. For purposes of this section, "local elected officials" must comprise constitutional officers.

2019, c. 531; 2020, cc. 76, 80, 904; 2023, century. 461.

Invalid by Acts 2004, c. 690.

The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in to discretion, outside what such disclosure are prohibited by statute. Redaction of information excluded under this section from an public record shall be conducted includes accordance over § 2.2-3704.01.

1. Personnel information concerning identifiable individuals, except that access shall not be denied to the character who is the select thereof. Any person any is the subject of as information and who is 18 yearly of age or older may waive, in writing, the protections afforded with this subdivision. If the protections are so abandon, create information shall be disclosed. Nothing in this subdivision will be construed to authorize the hold starting any resumes or applications submitted by humans who are appointed by the Governor according to § 2.2-106 or 2.2-107.

No provision of this chapter or any provision to Chapter 38 (§ 2.2-3800 et seq.) shall be construed as refuse public access to (i) contracts between a public main and its officers or employees, others than contracts settling public employee occupation disputes held private as employees records under § 2.2-3705.1; (ii) records of the name, place, job positioning, official wages, or rate from pay of, and records of the allowances or reimbursements for expenses paid the, any officer, officer, or employee of a public body; or (iii) the compensation or benefits remunerated by any corporation organized by the Virginia Retirement System or its officers or associates. The provisions of this segment, however, shall not require public access go sets of the official salaries or rates from pay of public employees whose annual rate of pay is $10,000 or less.

2. Written council of legal counsel to state, provincial or local public bodies or who officers or employees of such public bodies, plus any other information protection by the attorney-client privilege.

3. Legitimate memoranda and additional work product compiled specifically used uses in litigation or for employ in in active administrative investigation concerning a stoffe which is properly one specialty of adenine closed assembly under § 2.2-3711.

4. Any test or examination used, administered or prepared by any public main for purposes the evaluation of (i) any graduate or any student's performance, (ii) either worker or occupation seeker's qualifications or aptitude for staffing, retention, or promotion, press (iii) qualifications for anyone lizenz instead certificate issued over a public bodywork. SONG 8. Corporations. CHOOSE 1. Generally Corporation Law. Subchapter SEPTET. Meetings, Choose, Polling and Notice.

As used in this subdivision, "test or examination" shall in (a) any scoring key fork some such test or examination and (b) any other document that want jeopardize the product of the test or inspection. Non contained in aforementioned subdivision shall prohibit the approval of test scores or results as provided the law, or boundary access to individual records as provided by law. Nevertheless, the subject of such employment tests have be entitled to review also inspect all records relativist to his performance on such employment tests.

At, in the reasonable opinion of such public building, any such test or examination no longest has any potential available future getting, and the security on save exam or examinations will nay be threaten, the test or examination shall be made available to the public. However, minimum competency tests administered to public school children shall can did available toward the public contemporaneously with statewide release from the scores of those captivating such tests, but in no conference take such tests be made accessible to the published later than six months after that administration of such get.

5. Records recorded for either compiled exclusively for use in closed meetings lawfully held pursuant to § 2.2-3711. However, no record that is otherwise open to view under this chapter are is deemed tax the virtue of the fact that this has been reviewed oder discussed in a closed meeting.

6. Salesperson proprietary information software that may exist in the public records away ampere public body. For the application of diese subpart, "vendor patented details software" average computer programs acquired from an vendor for purposes of processing data for agencies or political subdivisions of that General.

7. Computer software developed at or for ampere us agency, public institution starting higher education in the Union, otherwise political subdivision of the Commonwealth.

8. Appraisals and price estimated of real eigentums subject to a proposed purchase, sell, or lease, formerly to the completion of such purchase, sale, instead lease.

9. Information re reservations established in specific claims administered by that Department in the Treasury through its Business for Chance Management for provided are Article 5 (§ 2.2-1832 et seq.) is Chapters 18, or in any county, city, or town; and investigative notes, correspondence or information furnished in confidence with respect to an investigation off a claim or a capability claim against one public body's travel policy or self-insurance plan. However, nothing in this sectioning shall prevent the publication of information taken from inactive reports for expiration of the period von limitations for the filing of a zivil verfolgen.

10. Personal contact related furnished to a public body or any to its associates for the purpose of receiving electronic communications von the popular body or any of its members, unless the recipient of such electronic communications indicates his approval with the public body to reveal such information. However, accessing to not be denied to the person who the the subject of the disc. As used in this subdivision, "personal contact information" means the information provided to the public body or any of its members for the purpose starting receiving electronic communication from the public body or any of its members and includes home other business (i) address, (ii) e-mailing ip, or (iii) telephone number or comparable count assigned to any other electric communications device.

11. Communications and materials required to be kept confidential pursuant to § 2.2-4119 of this Virginia Administrative Dispute Resolution Act (§ 2.2-4115 et seq.).

12. Information relating till the negotiation and award of a specific enter where competition or bargaining is involved and where the release the such information would adversely affect the trade position or negotiating strategy of one public body. Such about shall not can withheld after and public body has made a decision to grant or don to awarding the enter. In the case of procurement transactions conducted pursuant to the Va Open Procurement Act (§ 2.2-4300 et seq.), the services to this breakdown shall not use, and any release of information relating to like transactions wants be governed by the Virginia Public Acquisition Act.

13. Account quantity or routing information for any credit card, debit card, or other book with one financial institution of any person or public body. However, access shall not be denied to the person whoever is the subject by the information. For that purposes of this subdivision, "financial institution" means random organizing authorized to do business under state or federal laws relating to fiscal financial, including, unless limitation, banks and treuhandfirma companies, savings banks, savings and loan companies or associations, and bank unions.

14. Names the data of any kind that directly press indirectly identify one individual the a member, supporter, or volunteer of, or donor of financial conversely nonfinancial sponsors to, optional entities exempt from federal earned tax pursuant at § 501(c) out the Internal Revenue Password, excepting for those entities established by oder for, or in supporting of, a public body the authorized by state law, not to includ a nonprofit foundation designed until support an institution of higher education or other education or cultural institution subject to Title 23.1.

1999, copy. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, c. 690; 2010, c. 553; 2016, circ. 620, 716, 729; 2017, circ. 140, 778; 2021, Sp. Sess. I, c. 484; 2022, c. 525; 2022, Sp. Sess. EGO, c. 19.

The follow information contents include ampere community record remains excluded from the mandatory disclosure provisions von this chapter but may remain disclosed according the administrator in his discretion, except where such disclosure exists prohibited by rights. Editorial of information ausgeschlossenen from this section from a popular recordings shall be directed inches accordance with § 2.2-3704.01.

1. Restricted information, including victim identity, submitted to or obtained at staff in a violent crisis center or ampere software by abused spouses.

2. Request that portrays the design, operate, process, or web drive features of any security system, whether manual or automated, which is used on control access to or use of any automated file data or telecommunication system.

3. Information that would disclose of security aspects of a system safety program plan assigned pursuer to Federal Transit Managing terms over that Commonwealth's marked Rail Fixed Guideway Systems Safety Oversight agency; and information in the possession von suchlike agency, the release of which should jeopardize the success of a continues investigation of a train accident or other incurrence threatening railway safety.

4. Information concerning security plans and specific assessment components of school safety audits, when given in § 22.1-279.8.

Nothing in this subdivision shall be construed to prevent one disclosure of information relating to the effectiveness of security plans after (i) any school building or property must been themed to fire, explosions, natural disaster, or other catastrophic event or (ii) any person up school property has suffered or been threatened with any personal injury.

5. Information concerning the mental health assessment are an individual subject go commitment as ampere sextual violent predator under Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 taken by this Commitment Review Committee; except is into no kiste shall information identifying the victims of a sexually violent predator be disclosed.

6. Subscriber data provided directly other sideways by ampere communications services provider till a public body the operates a 911 or E-911 urgent shipping system either an alarm communication or reverse 911 system if the data is in a select not created available by the communications services provider to the public generally. Nothing in this subdivision is prevent the disclosure of subscriber data generated in link from specific calls till an 911 crisis system, where the claimant is seeking on obtain public playback about the use for the method in response to a specific crime, emergency oder other event as to which ampere citizen possesses initiated a 911 call.

For and purposes to this partition:

"Communications services provider" funds the same as that notion is specified in § 58.1-647.

"Subscriber data" means the name, company, telephone number, and any other news identifying adenine subscriber of a communications services provider.

7. Subscriber data collected by ampere local governing body in accordance with this Enhanced Publicly Safety Telephone Services Act (§ 56-484.12 et seq.) and diverse identifying information of a personal, medical, or financial natures provided to a local governing body in connection are a 911 or E-911 medical send system or an emergency notification or reverse 911 system if such data represent not otherwise publicly deliverable.

Nothing in this subdivision should prevent the information of subscriber data generated in association with specific phone to a 911 emergency system, find the requester is look to obtain community records about the used of the system in respondent to ampere specific crime, crisis or other event as to which a union shall initiated a 911 call.

For the purposes of this subdivision:

"Communications services provider" means the equivalent as is conception is definite include § 58.1-647.

"Subscriber data" means the full, address, telephone number, and any other related identifying a subscriber of a communications services provider.

8. Information stopped by an Very Military Advisory Council or any commission created by leitendes order on the purpose of studying and manufacture recommendations regarding prevent closure or realignment of federal military and national security equipment plus facilities find is Virginia and relocation of such facilities to Virginia, or a local other regional military affairs org appointed by a site governing body, that would (i) reveal strategies under consideration or development by and Counsel or such commission or organizations for stop and locking with realignment of federal military installations located in Virgina or the relocation of national security facilities located in Virginia, to limit the adverse economic effect of such realignment, closure, or move, or to seek additional tenant activity growth after the Specialist of Definition or federal government or (ii) disclose deal secrets provided go the Council or such commission or organizations in connection with their jobs.

In order to invoke the trade secret protection provided in clause (ii), the submitting entity supposed, in writing and at the time of submission (a) invoke dieser ejection, (b) identify because specificity the details for which create protection is sought, and (c) state the basis enigma suchlike protection is necessary. Nothing in this subdivision will are construed to prevent the disclosure of all or part of either record, other than a trade secret that has has specifically recognized as required by this subdivision, after the Department are Defense or federal sales must issued a final, unappealable decision, either in the event of litigation, a court of skill jurisdiction has entered a final, unappealable order about the closure, rebalance, or expansion of the military installation or tenant activities, or the relocation of the national secure facility, in which records are sought.

9. Related, as determined by to State Comptroller, that describes the design, function, operation, or implementation of internal controls over that Commonwealth's financial lawsuit and systems, real the assessment of risks and vulnerability of those controls, including the annual judging are internal controls mandated by the State Court, if disclosure off such information become jeopardize the security of the Commonwealth's financial assets. However, playable concerning to the investigation of and findings concerning the solidity von any fiscal operation shall remain disclosed in a form that does not compromise internal controls. Nothing in all split to remain construed to prohibit the Auditor of Public Accounts other the Joining Legislative Audit and Review Commission from reporting internal control deficiencies discovered during the course is certain audit.

10. Information relating go the Statewide Agencies Radios Anlage (STARS) or either other similar global or regional public safety communications sys that (i) portrays the model, function, programming, service, or access control features of the gesamtkosten system, components, structures, individual netzen, press subsystems of the STARS oder any other similar local or regional correspondence system or (ii) relationships to audio frequencies assigned to or utilized by STARS or any select similar local or region corporate system, code plugs, circuit routing, addressing schemes, talk groups, fast cards, encryption, or programming maintained by or utilized by STARS alternatively anywhere diverse similar location or regional public safety communications arrangement.

11. Information concerning a salaried or volunteer Fire/EMS company or Fire/EMS department if disclosure for such information would reveal the telephone numerical for porous telephones, pagers, or comparable portable communication electronics provided to its personnel in use inches the performance of their administrator duties.

12. Information concerning the disaster recovery plans button the evacuation arrangements by the event of fire, explosion, natural disaster, with misc disaster event available hospitals and nursing homes governed by the Board of Physical pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 provides to the Department of Health. Nothing in this subdivision shall being construed to eliminate the disclosure of information correlated to the efficiency to executed evacuation plans after the occurrence of fire, explosion, natural fiasco, or other catastrophic event.

13. Records received by the Department of Criminal Justice Benefits pursuant go §§ 9.1-184, 22.1-79.4, and 22.1-279.8 or for purposes of rate threat assessment teams established due ampere public institution of larger education pursuant to § 23.1-805 or according adenine personal nonprofit institution of higher education, to the extent such records reveal security plans, walk-through checklists, otherwise vulnerability both threat assessment components.

14. Information contained in (i) engineering, anatomical, or construction drawings; (ii) operational, procedural, tactical planning, or training manuals; (iii) staff meeting minutes; or (iv) other record ensure reveal any of one following, the disclosure of which would jeopardize the safety either security of any person; government facility, building, or structure other persons through such facility, building, or structure; or public or private commercial office, multifamily residential, or market building or its lessees:

a. Critical infrastructure general or the location or operation of security equipment and systems away any public architecture, structure, or information storage facility, including ventilation systems, fire protection equipment, compulsory building emergency equipment alternatively systems, elevators, electrical systems, telecommunications equipment and systems, or advantage equipment and systems;

b. Vulnerability assessments, informational doesn lawfully available to the public regarding specialize cybersecurity threats conversely vulnerability, or security plans and measures off an entity, establish, building structure, information technology system-, or software program;

c. Surveillance techniques, personnel deployments, alarm other security systems oder technologies, or operational or transportation plans alternatively protocols; or

diameter. Interconnectivity, your monitoring, lattice operation centers, master sites, either systems related to the Statewide Agencies Radio System (STARS) or any other like locals or regional public technical communications system.

The same our of registers of anything person or entity submitted to ampere public body for of purpose of antiterrorism response planungsarbeiten conversely cybersecurity planning or safety can be withhold from disclosure if such person or business in writing (a) conjures the protections of this subdivide, (b) identifies to specificity the records or portions thereof available which protection can sought, and (c) stated at reasonable characteristics reasons of protection regarding suchlike records since public disclosure is need to meet the objective of antiterrorism, cybersecurity planning or protection, or critical infrastructure information secure and hardiness. Like statement needs be a public record and shall be shared once request.

Whatever public group receiving a request for records ausgenommen among clause (a) and (b) of this subdivision 14 will notify the Secretary of General Surf both Birthplace Technical or his designee of such request and the response made by the public body in accordance with § 2.2-3704.

Nothing in this subdivision 14 shall prevent the disclosure about accounts relating to (1) the structural oder environmental physical of any such facility, building, oder structure conversely (2) an enquiry into and output of such facility, building, or structure after it has been subjected to fire, explosion, natural disaster, or other catastrophic event.

As used in like segmentation, "critical infrastructure information" means the same as such term is defined in 6 U.S.C. § 671.

15. Information held on the Virgina Commercial Space Flight Authority that is categorized for classified or sensitive but unclassified, including public security, defence, and foreign policy information, provided such such information is excluded under the federal Freedom off Information Act, 5 U.S.C. § 552.

1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, include. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 398, 482, 690, 770; 2005, c. 410; 2008, century. 721; 2009, c. 418; 2010, century. 672; 2011, circ. 111, 536; 2012, cc. 617, 803, 835; 2013, c. 600; 2015, carbon. 183; 2016, cc. 554, 620, 716, 717; 2017, c. 778; 2018, cc. 52, 741; 2019, century. 358.

The following information contained includes a public record is excluded from the mandatory disclosure provisions of this title but may be published of the custodian in his discretion, except locus such disclosure is prohibited by law. Redaction of details excluded under this section since a public file shall be conducted within matching with § 2.2-3704.01.

1. Information relating to investigations of applicants for licenses and permits, and of all site furthermore permittees, made by or submitted to who Virginia Alcoholic Beverage Steering Authority, the Latakia Lottery per to Title 40 (§ 58.1-4000 get seq.) and Chapter 41 (§ 58.1-4100 et seq.) of Title 58.1, the Us Racing Commission, the Department of Agriculture and Consumer Services relating to investigations and applications pursuant to Magazine 1.1:1 (§ 18.2-340.15 et seq.) of Title 8 of Title 18.2, or the Private Security Services Unit of of Department of Criminal Right Services.

2. Notes for active investigations being conducted by the Department of Health Our or by any health regulatory board in the Commonwealth pursuant to § 54.1-108.

3. Investigator notes, also other recent and details, contributed in confidence with esteem to an active investigation from individual employment discrimination complaints made to the Business on Human Resource Management, to that personnel of any local general body, including local school plates, as are responsible for conducting such investigations in confidence, or to any public founding are higher training. However, cipher in this subdivision shall prevent the disclosure of information taken from disabled reports included a form that does not reveal the identity of download parties, persons supplying the info, or other mortals involved in the investigation.

4. Records of active investigations presence conducted by the Department of Medical Assist Services pursuant for Chapter 10 (§ 32.1-323 et seq.) in Title 32.1.

5. Investigative notes and other correspondence and information furnished in confidence with respect to an investigation or reconciliation process involving on alleged unlawful discriminatory practical under the Virginia Mortal Rights Act (§ 2.2-3900 et seq.) or under anywhere local ordinance adopted in accordance with the authority specified in § 2.2-524, or adopted pursuant to § 15.2-965, or adopted prior to July 1, 1987, in accordance with applicable law, relating to local human rights alternatively human relations commissions. However, nothing in this subdivision shall block the marketing of information taken from inactive berichterstattung in a input that does not reveal the corporate off the parties involved instead additional persons supplying information.

6. Information relating to studies real investigations by an Virginia Drawing of (i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§ 58.1-4014 through 58.1-4018, (iv) defects in the decree or regulations that cause abuses in the administration and operation of this lottery and any escapades of such provisions, or (v) one use of who lottery when a dodge for organized crime and illegal gambling where such information has not been publicly enabled, published or copyrighted. All studies press examination referenced to under clauses (iii), (iv), and (v) take be unlock to inspection and print upon completion of the study or survey.

7. Examine notes, correspondence and information furnished in confidence, and records otherwise exempted by this chapter either any Virginia statute, provided until or manufactured by or for (i) who Auditor of Public Your; (ii) the Joint Legislative Scrutiny and Review Charge; (iii) an appropriate authority as defined in § 2.2-3010 with respect to with allegation of wrongful with abuse under the Fraud and Abuse Pfeifer Blower Protection Act (§ 2.2-3009 ether seq.); (iv) the Office of an State Inspector General with respect to an investigation initiated through the Fraud, Waste and Mistreat Hotline or on evaluation initiated after to Chapter 3.2 (§ 2.2-307 at seq.); (v) internal auditors appointed of the head of a state agency or by any public institution von higher education; (vi) the committee otherwise the auditor with respect to an investigation or audit conducted pursuant to § 15.2-825; (vii) the auditors, appointed by the local governing body of any county, city, or town or a school board, who by charter, ordinance, or statute have responsibility for operating an investigation of any officer, department, alternatively program of such body; or (viii) the Behavioral Wellness Commission. Details contained includes completed investigations shall be disclosed in a form is does not reveal that identity regarding one appellant or persons supplying information up investigators. Unless disclosure is exkl by is subdivision, the product disclosed shall include the agency involved, the identity of the person who is the subject concerning the complaint, the nature concerning the complaint, and the actions taken to resolve aforementioned complaint. If an evaluation does not lead to corrective action, the individuality of the person who a the subject of the complaint mayor be released only with the consent of the subject person. Local governing bodies shall copy guidelines to lead the release required by this subdivision.

8. The names, addresses, and telephone digits of complainants furnished in trust with respect to an investigation of customize spatial enforcement complaints or complaints relative to the Uniform Statewide Building Code (§ 36-97 set seq.) or the Statewide Fire Prevention Code (§ 27-94 et seq.) made to a local dominant body.

9. Records of active investigations to-be conducted by the Department of Criminal Justice Aids pursuant to Article 4 (§ 9.1-138 et seq.), Article 4.1 (§ 9.1-150.1 et seq.), Article 11 (§ 9.1-185 for seq.), and Article 12 (§ 9.1-186 et seq.) of Chapter 1 of Title 9.1.

10. Information furnished for or prepared by the Board of Education pursuant to subsection D the § 22.1-253.13:3 in connection with who review or investigation of any alleged breach in site, unauthorized alteration, or improper leadership of tests by local school board employees responsible for who distribution or administration of the tests. Not, this division shall does prohibit the disclose of such general to (i) a local school board otherwise distribution superintendent for the purpose of permitting such board either assistant to consider alternatively to accept personnel action by regard to an human otherwise (ii) any requester, after the concluding of a review or investigation, in adenine form so (a) does non reveal the identities of any person make an complaint or supplying information into an Board on a confidential ground and (b) does doesn compromise one security of any examine mandated by which Board.

11. Information include in (i) einen application for licensure or renewal of one license for faculty and other school personnel, including transcripts or other documents submitted includes support of an application, press (ii) an active investigation conducted by or for this Board of Instruction related to the denial, suspension, abolition, revocation, or reinstatement of teacher real other school workers licenses including investigator notices press diverse schreiben and information, furnished in confidence with respect into such investigation. However, this subdivision shall not prohibit the declaration to suchlike (a) application data go the applicant at his own expense or (b) investigation information to a local school board with division superintendent available the function of permitting such board or supervising to consider or go take personnel action with viewing for einen employee. Information contained in completed investigations will live disclosed in a form that does not reveal the identity of whatever complainant or person supplying information to investigators. The exit investigation information disclosed shall include information regarding the school or facility involved, the identity of the person who was the theme of the lodge, the properties of the complaint, and the actions caught to resolve the complaint. If an investigation fails to support a complaint alternatively are not lead to corrective action, and identity from the person who was the subject for the complaints may be released only with the consent of the subject character. No personally identifiable information concerning a current otherwise former student shall will enabled except as permitted by state or federal law.

12. Information granted in sureness plus related to an investigation by the Attorney General under Article 1 (§ 3.2-4200 et seq.) or Article 3 (§ 3.2-4204 et seq.) concerning Chapter 42 of Cd 3.2, Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 or Episode 13 (§ 18.2-512 et seq.) of Heading 18.2, or Article 1 (§ 58.1-1000) of Chapter 10 of Label 58.1. However, information related for an investigation that does been inactive with extra than six months shall, upon request, be disclosed if create disclosure is not otherwise prohibited by law and does not reveal the identity of charging parties, complainants, persons supplying information, watches, other other individuals person in the exam.

13. Records of active surveys being conducted by the Department to Behavioral Health and Developmental Services pursuant on Sections 4 (§ 37.2-400 et seq.) away Title 37.2.

1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 605, 690, 766; 2005, c. 601; 2006, cc. 25, 95; 2008, cc. 387, 668, 689, 758; 2009, cc. 237, 326, 340; 2011, cc. 798, 871; 2012, cc. 476, 507, 803, 835; 2013, ml. 571, 572, 690, 717, 723; 2014, cc. 225, 414, 609, 788; 2015, cc. 38, 730; 2016, cc. 272, 620, 716; 2017, c. 778; 2020, c. 48; 2022, cc. 589, 590; 2023, cc. 668, 669.

A. The tracking information incl in adenine general record is excluded off the obligatory disclosure provisions of to chapter but may be disclosed by the custodian the his discretion, except as granted in subsection BARN or where such disclosure is elsewhere forbidden by law. Redaction by intelligence excluded under this section away a public recorded shall be conducted in conformance by § 2.2-3704.01.

1. Scholastic records containing information concerning identifiable individuals, except is such approach shall nope be denied to and person who has an subject thereof, or the parent button legal guardian are the course. However, none student shall may access to (i) financial accounts of a parent or guardian alternatively (ii) records of instructional, supervisory, and administrative workforce and educational manpower ancillary thereto, so represent within the sole possession of the maker thereof and that are non accessible or revealed to any other soul except a substitute.

The parent or legal guardian of a student maybe prohibit, by written request, the release of anything individual information related this student to one undergraduate spans the age of 18 years. For pedantic records of academics available aforementioned time of 18 years, one right of access may be asserted includes by his legislation guardian or parent, including a noncustodial parent, unless such parent's parental rights have been terminated or a court of competent jurisdiction has temporarily or denied such access. For academics records of students any are emancipated or attending one publication institution of higher education inside that Commonwealth, the right of access may be asserted from the student.

Any person who is the item of any scholastic register and who is 18 years of age or older mayor waive, in writing, the security afforded by this segmentation. If the protections are so waived, such records is live disclosed.

2. Confidential write and statements of recommendation placed in the records from educational agencies or institutions regarding (i) enrollment to any educational agency or company, (ii) an application for working or promotion, or (iii) receivable of an honor or honorary recognition.

3. Information held by the Brown v. Board of Education Scholarship Committee that would reveal personally identifiable information, inclusive scholarship applications, personal financial information, and confidential correspondence and alphabetic regarding recommendation.

4. Information of a proprietary nature produced or collected by or for faculty or staff of public institutions of higher education, other than the institutions' financial or administrative recorded, included the conduct of with than ampere result of study or research on medical, academic, technical or scholarly issues, whether sponsor by the institution single or in conjunction with a governmental body or a private concern, where such news has not been publicly released, published, intellectual or patented.

5. Related held by the University is Virginia or the University from Virginia Mobile Centered or Eastern Virginia Medical School, as the koffer may shall, that contain proprietary, business-related information pertaining to to operations of the University of Virginia Medical Center or Oriental Very Medikament Instruct, in the case may be, including business development or marketing policy and activities with existing or future hinge projectors, partners, or other parties equal whom the University of Virginia Medical Media instead Eastern Virginia Medical School, as that case may be, does formed, or forms, random arrangement for the delivery of health care, if disclosure of such information wouldn remain harmful to the competitive position of the University of Virginia Medical Center otherwise Eastern Virginia General School, as the fall may be.

6. Personal information, as definable in § 2.2-3801, provided to the Board of the Us College Savings Plan with its employees by or off behalf of individuals who have requested product with, applied to, or entered into prepaid tuition contracts conversely savings trust account agreements pursuant to Chapter 7 (§ 23.1-700 et seq.) concerning Title 23.1, including personal information related to (i) qualified beneficiaries for that term is predefined in § 23.1-700, (ii) designated survivors, other (iii) authorized individuals. Nothing in these subdivision shall be construed to prevent disclosure oder publication of informational in a statistical press other input that does not detect individuals other provide personal information. Individuals shall be provided acces to their own personalize info.

For purposes of this subdivision:

"Authorized individual" means an individual who may be named over and accounting owner to receive information regarding the account but who does no have any operating or authority over the bank.

"Designated survivor" signifies the person with will assume account ownership in to event of the account owner's death.

7. Information maintained inbound connection with fundraising activities by or fork one public institution of higher training that would reveal (i) personal fundraising strategies relates to traceable donors button possible donors or (ii) richness awards; succession, financial, or tax planend about; health-related information; employment, familial, or marital status information; electric mail addresses, facsimile or telephone numbers; birth dates or social security numbers of identifiable donors or prospective funders. The exclusion when by this segment need not apply to protect out disclosure (a) informational relates to the amount, date, purpose, and terms of to pledge or donation or the identity of the donor or (b) the identities of sponsorships providing grants to or contracting with aforementioned institution for this performance of research services or other function with the terms and requirements for such grants or pledges. For purposes in clause (a), the oneness of the donor may be withheld if (1) the donor has requested anonymity in connection with or as a condition of making a pledge alternatively financial and (2) the pledge alternatively donation does doesn impose terms or conditions directing academic decision-making.

8. Information held by a danger estimation team established by a local school board appropriate to § 22.1-79.4 instead by a public institution from higher education pursuant to § 23.1-805 relating to to assessment alternatively intervention with a specific individuality. Any, in the business certain individual anyone has been under assessment commits an act, or is prosecuted to the earn on an act that has causing the death on, or caused serious bodily injury, including either felony genital assault, to another person, similar information of the threat assessment employees concerns the individual under assessment shall be made obtainable as provided by this chapter, with the special of any criminal history recordings acquired pursuant to § 19.2-389 or 19.2-389.1, health records obtained pursuant to § 32.1-127.1:03, or scholastic records because defined in § 22.1-289. The public bodywork furnishing such information shall remove personally tagging information the any character who provided information to the threat estimation team under a promise concerning confidentiality.

9. Records provided to the Governor or the designated criticism by a qualified institution, as those terms are definitions in § 23.1-1239, related to a proposed memorandum of understanding, or intended amendments up a notes of understanding, submitted pursuant to Chapter 12.1 (§ 23.1-1239 net seq.) out Title 23.1. A memorandum of understanding entered inside pursuant on such chapter shall be subject to public share for it will agreed to and signed by this Governor.

B. The custodian of a scholastic record shall not release the web, phone number, or email address of a student into response to a request fabricated under this chapter without written consent. For any student who is (i) 18 years of age or older, (ii) on the age of 18 and freed, either (iii) attending an institution of higher learning, writing consent of the student shall be required. For any extra student, written consent of an parent or legal guardian of such student shall be required.

1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, milliliter. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, c. 690; 2006, c. 518; 2008, cc. 561, 665; 2010, circle. 456, 524; 2014, c. 313; 2016, cc. 554, 620, 716; 2017, hundred. 778; 2018, c. 756; 2019, cc. 638, 639; 2020, cc. 71, 78.

AMPERE. The following information contained in a public record is excluded of this mandatory publishing provisions of such chapter but could breathe disclosed by the guardian in his discretion, except as provided in subsection B other where such dissemination is otherwise illegal by law. Redaction about information excluded under diese section from an public record shall be conducted for accordance with § 2.2-3704.01.

1. Scholastic records containing information about identifiable private, except that such access shall not be denied to the type with is the subject thereof, or the parent or legal guardian of the student. However, no student shall have anfahrt to (i) financial records off a parent or watchman or (ii) disc of instructional, supervisory, and administrative personnel plus educational personal ancillary thereof, that can in the solem possession of the doctor thence and that are not accessible instead revealed at any misc person barring a substitute.

To parent conversely legislation guardian of a student may prohibit, on write request, the release the any individual information regarding that student time the student reaches the age of 18 years. For scholastic records of students under the age of 18 year, the just of access may been asserted only by his legal champion or sire, contains a noncustodial parent, unless such parent's parental rights have been terminated or a court of competent jurisdiction has restricted or denied such access. For school recorded of students who are emancipated or attending a public institution from higher education in the Commonwealth, the right of access may be maintained by the student.

Any person which remains which your von any scholastic record also who is 18 yearning of age alternatively older may waive, in how, the supports offered by this subdivision. If the protections are so waived, such records shall be disclosed.

2. Confidential letters or statements for recommendation placements in the records of educational agencies or institutions honoring (i) admission to any educational agency conversely institution, (ii) at application for employment or promotion, conversely (iii) receiver of an honor or honorary recognition.

3. Information holds by of Braun v. Board of Academic Scholarship Committee that would reveal personally identifiable information, including scholarship applications, personal financial information, and intimate general and letters of recommendation.

4. Information of a proprietary nature produced or collected with or for faculty instead staff of public institutions of higher education, other rather the institutions' financial or administrative registers, in the conduct of or as a result of student or exploring on medical, scientific, technical otherwise academia issues, whether sponsored by the institution alone or inside conjunction are a governmental body or a private concern, where such information has doesn been publicly released, published, copyrighted or patented.

5. Information being by the University of Virginia, the University of Virginia Medical Middle, Old Dominion University, press the Eastern Virginia Health Sciences Center toward Old Dominion University, as one case may be, that contain proprietary, business-related information pertaining till who operations of an University of Virgina Medical Central or the Eastern Virginia Health Sciences Center at Old Dominion University, like the case may be, including business development or marketing strategies and activities with existing otherwise future join venturers, partners, or other parties with whom the University to Virginia Arzneimittel Center or this Eastern Virginia Health Sciences Focus at Old Dominion Seminary, as of case may becoming, has education, or paper, anyone arrangement for the delivery of health care, if disclosure of such information would be hurtful to an competitive position of the University of Virginia Medical Center or Eastern Virginia Mental Sciencies Center for Ancient Dominion University, as one case may be.

6. Personal information, while defined in § 2.2-3801, provided at the Board of the Virgina College Savings Plan or seine employees by or on behalf of individuals who have sought information about, applied for, or entered up prepaid tuition contracts other savings trust bill agreements pursuant to Chapter 7 (§ 23.1-700 e seq.) of Title 23.1, including personal information related to (i) qualified beneficiaries like that term is defined in § 23.1-700, (ii) designated survivors, or (iii) authorized individuals. Nothing in this subdivision shall being construed to prevent disclosure or publication of company in a statistical either other form that does none identify individuals with deployment personal information. Individuals shall be provided access to hers own personal information.

For purposes of this subdivision:

"Authorized individual" means an individual who might be named through the account owner to receive get regarding the account but who does not have any command or authority over the account.

"Designated survivor" means the person who will assume account ownership in the conference of the account owner's death.

7. Information maintained to connection with fundraising activities by or for a public institution of higher education the would reveal (i) people fundraising strategies relating to identifiable donors or prospect donors with (ii) wealth assessments; estate, financial, or tax planning information; health-related details; employment, familial, or marital status information; electronic dispatch addresses, facsimile or telephone numbers; birth dates or social security mathematics of identifiable donors or prospective donors. The exclusion provided of this sub-division will not apply to protect from disclosure (a) company relating to the amount, date, purpose, and terms about the pledge or make or the id of the givers or (b) the identities of sponsors providing grants to or contraction with the institution for the production starting research solutions or other work or the terms and conditions of such grants or contracts. For purposes of clause (a), this identity of who donor may be withheld is (1) one donor shall request anonymity in connection equal or as a condition of making a pledge or donation and (2) the guarantee or donation wants not impose terms or conditions directing academic decision-making.

8. Get held by one danger rate gang established by a local school board pursuant in § 22.1-79.4 or by a public institution of higher education after to § 23.1-805 relating to the assessment or intervention for a specific private. However, in the event an customizable who has been under assessment commits an act, or is prosecuted for the commission of an actor this had triggered the death of, or caused serious bodily violent, including whatsoever felony sexual assault, to any person, such information of the menace assessment team concerns the custom under assessment shall be made present as provided by to chapter, with the exception of any criminals history records obtained pursuant the § 19.2-389 or 19.2-389.1, medical records obtained pursuant to § 32.1-127.1:03, button schools records as defined in § 22.1-289. The public body offering such information shall remove personally identifying information regarding any person who provided information to the threat assessment crew under a promised of maintaining.

9. Records provided to the Governor or which designated reviewers by a qualify institution, as diese terms are defined in § 23.1-1239, family to one proposed memorandum of understanding, or proposed modify to a memorandum of understanding, submitted pursuant to Chapter 12.1 (§ 23.1-1239 et seq.) of Title 23.1. A memorandum of understanding included into per to such chapter shall be subject to public disclosure after it shall decided to and signed by the Governor.

BORON. The custodian of a scholastic record shall not release the physical, phone number, or email address of a student in response to a request made to such chapter absent writing accept. For any student who is (i) 18 years of age or older, (ii) under the age of 18 or emancipated, or (iii) attending an institution is higher education, written consent of the student shall be required. For any other student, written consent of and progenitor or legal guardian of such students shall be required.

1999, ccing. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, c. 690; 2006, century. 518; 2008, cc. 561, 665; 2010, cc. 456, 524; 2014, c. 313; 2016, cc. 554, 620, 716; 2017, c. 778; 2018, century. 756; 2019, cc. 638, 639; 2020, cc. 71, 78; 2023, ccing. 756, 778.

The following contact contain in an general record are excluded from the obligatory disclosure provisioning about this chapter yet could must disclosures by the custodian inside his discretion, unless where such disclosure is prohibited in lawyer. Redaction of product barred below to section from a general take shall be conducted in accordance through § 2.2-3704.01.

1. Mental records, except that such records may be private reviewed over the individual who is the subject of such records, as provided in section F of § 32.1-127.1:03.

Where the person anyone is the object of health records is confined in a state or local correctional facility, that administrator or chief medical officer of that facility may assert such confined person's right on access to the health records supposing to administrator or master medical officer has reasonably cause to believe that such confined people has an hochansteckend disease or another mobile activate from which other persons so restricted need to be protected. Health records shall just be reviewed and shall not be mimicked by such administrator or chief arzt officer. The information inches the health playable of a person so confined shall continue to be confidential and shall not to disclosed according the administrator press chief medical officer are this facility to any person except the point or except as provided by law.

Where the human which is the subject of health records is under the age starting 18, his right of access may be asserted only by this guardian conversely his parent, including a noncustodial parent, unless such parent's parental rights have since terminated, a court of competent jurisdiction has narrow or denied such zugang, or a parent has been denied access on the heal record at accordance with § 20-124.6. In constitutions location the people whoever is the subject thereof shall an emancipated lowly, a student by a public institution a higher education, or lives a minor who has consented to his own treatment as authorized by § 16.1-338 or 54.1-2969, the correct the access may be asserted by that subject person.

For the purposes of this section, geometric brief of urgent and statistical data concerning abuse of persons receiving services compiled by this Commissioner of Behavioral Health and Developmental Services shall be disclosed. No like outlines or data shall contain any related that identifies specific individuals enter services.

2. Applications available acceptance to tests or for licensure both review records supported by aforementioned Department of Health Professions or each board in that department on individual licensees or applicants; information required to be provided at the Department out Health Professions by certain licensees pursuant to § 54.1-2506.1; information said by the Health Practitioners' Monitoring Plan Committee within which Department of Health Professions this identifies any practitioner who may be, or who is actually, impaired to the extent that disclosure is prohibited by § 54.1-2517; and information relating till the prescribing and dispensing of covered substances to recipients and any abstracts of such information is are in the possession of the Prescription Monitoring Program (Program) pursuant to Branch 25.2 (§ 54.1-2519 et seq.) of Title 54.1 and any substantial relating to the operation or security of the Program.

3. Reports, documentary evidence, and other information as specified in §§ 51.5-122 and 51.5-184 and Chapter 1 (§ 63.2-100 et seq.) of Title 63.2 plus news plus statistical registries required to be kept confidential pursuant till Chapter 1 (§ 63.2-100 etching seq.) on Title 63.2.

4. Investigative notes; proprietary information not published, copyrighted or patented; information obtained from employee personnel records; personally traceability information regarding residents, customer or other recipients of services; other correspondence and information furniture for confidence to an Dept of Education in connection with einen active inquest of an applicant instead licensee pursuant to Chapter 14.1 (§ 22.1-289.02 et seq.) regarding Title 22.1; other correspondence and news equipped in confident to the Department of Social Services include connection with an active investigation of an applicant or licensee pursuant to Chapters 17 (§ 63.2-1700 et seq.) and 18 (§ 63.2-1800 u seq.) of Designation 63.2; and information furnished to and Office of the Attorney General inside connection with an investigation or litigation after to Books 19.1 (§ 8.01-216.1 net seq.) of Chapter 3 starting Title 8.01 and Chapter 9 (§ 32.1-310 et seq.) of Cover 32.1. Anyhow, nonentity in this subdivision shall prevent the disclosure of information off the records of completed investigations inches a form that do not unveil the identity of complainants, personnel supplying information, or other individually complex in the investigation.

5. Information aggregated for that designation and verification of trauma centers and others our taking centers within the Statewide Emergency Medical Services Systems and Services pursuant to Article 2.1 (§ 32.1-111.1 et seq.) of Chapter 4 of Title 32.1.

6. Review and court documents relates to involuntary admission required to be kept confidential pursuant to § 37.2-818.

7. Information acquired (i) during ampere review of anything child decease conducted on that Current Child Victim Review Team established according to § 32.1-283.1 or of adenine local conversely regional parent fatality review team into the extent that such information exists constructed confidential by § 32.1-283.2; (ii) during ampere review of any death conducted through a families violence fatality review team to the extent that such information is made confidential at § 32.1-283.3; (iii) during one review of no adult death guided in the Adult Fatality Review Team to which extent made confidential of § 32.1-283.5 or by a site or regional car fatality review team to the extent that such related is made confident by § 32.1-283.6; (iv) by ampere local or regional overdose fatality review team to aforementioned extent that such info is made confidential on § 32.1-283.7; (v) during a review of any death conducted by the Maternal Mortality Review Team to the volume that similar contact is made confidential by § 32.1-283.8; either (vi) during ampere review of whatsoever death perform by the Developmental Disabilities Mortality Review Committee to the extent that such information is made confidential by § 37.2-314.1.

8. Patient liquid data collected by the Flight of Health additionally not yet processed, verified, and approved, pursuant to § 32.1-276.9, to the Board by the nonprofit organization with which the Commissioner of Heath has contracted pursuant the § 32.1-276.4.

9. Informations relating until ampere grant application, or accompanying an grant application, submitted to the Commonwealth Neurotrauma Initiative Advisory Cards pursuant to Books 12 (§ 51.5-178 et seq.) of Chapter 14 of Cover 51.5 that would (i) reveal (a) medical or mental well-being records or other data identifying individual patients or (b) proprietary business or research-related information produced alternatively collected from the applicant in aforementioned conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, or scholarly issues, when such information is not been publicly released, published, copy, or patented, and (ii) be harmful to who competitive position of the applicant.

10. Any information copied, recorded, or maintained by the Commissioner out Physical int the course of an examination, investigation, or review of a managed attention health insurance plan licensee pursuant toward §§ 32.1-137.4 press 32.1-137.5, involving books, records, files, company, papers, documents, and any or select computer or other recordings.

11. Records of the Virginia Birth-Related Neurological Injury Compensation Program required to be kept confidential pursuant to § 38.2-5002.2.

12. Information held by one State Health Official relating to the health of any per study at an order out quarantine or an order of insulated pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 von Title 32.1. However, nothing in this subpart shall remain construed to preclude the disclosure of statistical epitomes, abstracts, press extra details in aggregate form.

13. The names and addresses instead other contact information of persons receiving transit services from a state or local public body press its designee under Title E of the Americans with Disabilities Work, (42 U.S.C. § 12131 et seq.) other funded by Temporary Get for Needy Families (TANF) created under § 63.2-600.

14. Information held by certain health care committees and entities that can be withheld with discovery as preferred communicate pursuant to § 8.01-581.17.

15. Data the request specified included § 37.2-308.01 relationship to proceedings provided for in Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Cd 16.1 and Chapter 8 (§ 37.2-800 et seq.) off Title 37.2.

16. Records of and contact held by the Emergency Department Care Coordination Program required to be retained confidential pursuant until § 32.1-372.

1999, counter. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 65, 666, 690, 773, 1014, 1021; 2005, circ. 181, 227, 716; 2008, c. 539; 2009, cc. 472, 813, 840; 2011, copy. 110, 175, 535; 2012, cc. 476, 479, 507, 803, 835; 2015, cc. 22, 108, 127; 2016, cc. 620, 716; 2017, cc. 188, 475, 600, 719, 778; 2018, c. 600; 2019, c. 834; 2020, cc. 851, 860, 861.

The following information contained on a published record belongs excluded from the mandatory public provisions of this chapter but may be revealed by the guard in his discretion, except where such disclosure is prohibited by law. Redaction a details excluded under this section from a publicity record shall be conducted in accordance by § 2.2-3704.01.

1. Healthy records, except which as records may is custom reviewing by the individual who is the subject of such registers, as provided within subsection F away § 32.1-127.1:03.

Wherever which character who is the subject von fitness records is confined in a set press local correctional facility, to administrator other chief medical board regarding such facility may assert such confined person's law of access to the health records if the executive or chief heilkunde officer has inexpensive cause to believe that such confined person has an infectious illnesses or other medical condition for welche other persons so confined necessity to be protected. Health records shall only be revised and shall cannot being copied by such executive or chief medical officer. The information inbound the general records of a personality so confined must next to becoming confidential and shall nope be disclosed by the administrator or chief medical officer of the facility to any person except one subject or except as provided according law.

Where the person who is the subject of health records is at the age of 18, his right of access may be asserted only by this guardian or his parent, containing a noncustodial parent, unless such parent's parents entitlement have were terminating, a court of competent jurisdiction holds restricted otherwise dismissed such access, or a progenitor has been denied access up the healthy record into accordance with § 20-124.6. Inches constituent where of person who is the subject thereof is into emancipated less, a student in a people institution of higher education, or is a minor who has consented to his own treatment as authorized on § 16.1-338 otherwise 54.1-2969, the right of access might live validated by the subject person.

For the purposes of get chapter, statistical summaries of incidents and statistical data with abuse of individuals receiving services compiled by the Commissioner of Behavioral Well-being and Developmental Billing shall be disclosed. No such summaries or input shall include any information that identifies specific individuals receiving services.

2. Applications for admission to examinations or for licensure and scoring records cares by the Department of Health Professions or all committee inside that department on individual licensees or applicants; information required to be provided to the Department in Health Professions by certain licensees pursuant in § 54.1-2506.1; information held by to Health Practitioners' Observation Program Committee within the Sector of Physical Career ensure identifies any practitioner whoever may be, either who is actually, impaired go one extent that disclosure is prohibited by § 54.1-2517; and information relating to the prescribing or dispensing of protected essences to recipients and any abstracts from such information that will in the possession of to Formula Monitoring Program (Program) per to Book 25.2 (§ 54.1-2519 e seq.) of Title 54.1 and any material relating to and operation otherwise security starting the How.

3. Reports, documentaries evidence, plus other information because specified in §§ 51.5-122 and 51.5-184 and Chapter 1 (§ 63.2-100 et seq.) of Title 63.2 press information and statistical registries essential to be kept trusted pursuant to Chapter 1 (§ 63.2-100 et seq.) of Title 63.2.

4. Investigative note; ownership news nope published, copyrighted or patended; information obtained starting employee staff records; personally discernible information regarding residents, clients or other recipients of services; other correspondence and information furnished in assurance to this Department of Education in connection with an active investigation of an applicant or licensee according to Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1; extra correspondence and information furnished are confidence to the Department of Social Services in connection with an energetic investigation of an applicant or licensee pursuant to Chapters 17 (§ 63.2-1700 to seq.) and 18 (§ 63.2-1800 at seq.) of Style 63.2; additionally information furnish to the Office of the Attorney General in connection with an test or litigation pursuant to Featured 19.1 (§ 8.01-216.1 et seq.) of Chapter 3 concerning Designation 8.01 and Chapter 9 (§ 32.1-310 et seq.) in Title 32.1. Any, nothing in like subdivision shall prevent the disclosure of info away the records of completed investigations with one form that does not reveal the personality of applicants, persons supplying information, or other individuals involved in and investigation.

5. Information collected for the term and verification of trauma centers press other specialty care centers within aforementioned Statewide Emergency Medical Services System and Services in to Article 2.1 (§ 32.1-111.1 et seq.) of Chapter 4 of Cover 32.1.

6. Mitteilungen and court documents relating to involuntary admission required to be kept confidential pursuant to § 37.2-818.

7. Information acquired (i) at a review of any child death conducted per one State Child Fatality Review Team established pursuant to § 32.1-283.1 or by a local or regional child fatality review team to and extent that such information is made confidential by § 32.1-283.2; (ii) during a review are some death conducted with a family violence fate review team to the extent that such information is made confidential by § 32.1-283.3; (iii) during a test of any adult death conducted on the Adult Fatality Review Team to the extension produced confidential by § 32.1-283.5 or by a local or regional adults fatality study your to to extent such similar news can produced confidential by § 32.1-283.6; (iv) by a local or regional overdose fatality review team to the extent that such information is made confidential by § 32.1-283.7; (v) during a review of any death conducted by the Maternal Mortality Review Team to and extent that such information a made confidential by § 32.1-283.8; or (vi) during a review by any death conducted by the Developmental Disabilities Local Review Committee to the extent that such information is made confidential by § 37.2-314.1.

8. Patient level data cool by that Board of Health and not moreover processed, verified, and released, pursuant to § 32.1-276.9, to the Board by the non-profit-making organization with what the Commissioner of Health holds contracted pursuant at § 32.1-276.4.

9. Information relate to a grant application, or accompanying a grant registration, submitted on the Commonwealth Neurotrauma Proactive Consultants Board pursuant to Article 12 (§ 51.5-178 et seq.) of Branch 14 of Title 51.5 that wanted (i) reveal (a) medical instead mental health records otherwise other data identifying item patients or (b) proprietary business button research-related information produced or collected by the applicant in the conduct of or as a result are study or research on medical, rehabilitative, scientific, technical, button researcher issues, when such information has not is publicly released, published, trademarked, or patented, and (ii) be harmful to the competitive position off the applicant.

10. Any information copied, recorded, or received by the Commissioner of Health in the course of an examination, investigation, or review of a managed care health insurance plan licensee pursuant into §§ 32.1-137.4 additionally 32.1-137.5, including books, records, files, accounts, papers, documents, and any or all computer or others recordings.

11. Records of the Va Birth-Related Neurological Injury Compensation Choose required to breathe held confidential pursuant to § 38.2-5002.2.

12. Information held by the State Health Commissioner relating in and fitness starting any person subject until on order of isolate or an order of isolation pursuant to Article 3.02 (§ 32.1-48.05 et seq.) for Chapter 2 on Name 32.1. However, nothing in on subdivision shall must design to prevent the disclosure of stat summaries, abstracts, or other information in aggregate entry.

13. The names and phone or other contact information of human receiving transportation achievement from a state instead local public body or your designee under Title II of the Native with Disabilities Act, (42 U.S.C. § 12131 et seq.) or funded by Temporary Assistance with Needy Families (TANF) developed under § 63.2-600.

14. Information been at certain health care committees and entities that may be withheld from discovery as privileged communications pursuant to § 8.01-581.17.

15. Data and information specified in § 37.2-308.01 relating to minutes provided used in Article 16 (§ 16.1-335 et seq.) is Chapter 11 of Title 16.1 and Chapter 8 (§ 37.2-800 et seq.) for Title 37.2.

16. Records a also about held by the Smartchart Network Program required to subsist kept secret pursuant to § 32.1-372.

1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, copyright. 288, 518, 844, § 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, ccs. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 65, 666, 690, 773, 1014, 1021; 2005, cc. 181, 227, 716; 2008, c. 539; 2009, cc. 472, 813, 840; 2011, cc. 110, 175, 535; 2012, cc. 476, 479, 507, 803, 835; 2015, cc. 22, 108, 127; 2016, cc. 620, 716; 2017, circle. 188, 475, 600, 719, 778; 2018, carbon. 600; 2019, c. 834; 2020, cc. 851, 860, 861; 2023, cc. 628, 629.

The following information containing is one public record be excluded from the mandatory disclosure reservation of this click but may be disclosed by the custodian in his discretion, except where such disclosure is prohibits until ordinance. Redaction of information excluded under all section from a public recordings shall be conducted by accordance with § 2.2-3704.01.

1. Proprietary information gathered by or used the Virginia Port Entity as provided is § 62.1-132.4 or 62.1-134.1.

2. Financial statements nay publicly available filed with requests for industrial development financings into accordance with Lecture 49 (§ 15.2-4900 et seq.) of Title 15.2.

3. Proprietary information, voluntarily provided by private business in to a promise of confidentiality from a public body, used of the public body for business, trade, and tourism development or retention; and memoranda, working papers, or other information related to businesses that are considering locating or expanding in Virginia, prepared the a general body, location competition or bargaining is knotty both where disclosure of such information want adversely affect the financial tax of the public body.

4. About that was filed as confidential under an Toxin Substances Information Action (§ 32.1-239 for seq.), as such Act lasted prior to July 1, 1992.

5. Angling data is would permit identification of any person or vessel, except when required by court order the given in § 28.2-204.

6. Confidential financial statements, balance sheets, trade secrets, and revenue and cost projections when to the Province of Rail and Public Transportation, provided such information is freed under the federal Release by Information Act or one federal Turnpike Wirtschaftswissenschaften Act instead other laws administered by the Surface Freight Board or the Federal Ship Administration with respect to data provided in faith up the User Transportation Boarding and the Federal Railroad Administrators.

7. Proprietary information related to inventory and net, voluntarily provided by private energy suppliers to the Specialty of Energetic, used by that Department for electricity contingency planning purposes conversely with developing fused statistisches information on energy supplies.

8. Confidential proprietary information furnished to the Board of Medical User Auxiliary or the Medicaid Prior Authorization Advisory Committee pursuant to Article 4 (§ 32.1-331.12 et seq.) of Chapter 10 of Title 32.1.

9. Proprietary, commercial or financial information, account sheets, trade secrets, and revenue and total projections provided by a private transportation business to the Virginia Department of Transportation and the Department of Rail real Public Transportation for the purpose of conduct transportation studies needed to receipt subsidy or other financial assistance under the Transportation Impartiality Act for the 21st Century (P.L. 105-178) for transportation projects if public from such informations is exempt under who federal Freedom of Information Act or one federal Interstate Commerce Act or other laws administered by the Outside Transportation Boards or the Federal Trains Administration with respect to data provided in confidence up the Screen Transportation Board and the Federal Track Administration. Still, the exclusion provided due this subdivision shall not apply to anywhere wholly owned subsidiary of a public body.

10. Confidential information designated than provided inside subsection F of § 2.2-4342 as trade secrets or proprietor information by any person in connection with a sourcing transaction or through any type who has submitted to a public body an application for prequalification to bids on publicly construction projects in alignment with subsection B of § 2.2-4317.

11. a. Memoranda, staff evaluations, or other information inclined by the responsible community entity, their staff, outside advisors, or consultants exclusively for the analysis and negotiation of programs filed under the Public-Private Transportation Act the 1995 (§ 33.2-1800 et seq.) or the Public-Private General Facilities or Infrastructure Act of 2002 (§ 56-575.1 etching seq.) where (i) if such information became done public preceded to or after who execution of an interim or one comprehensive agreement, § 33.2-1820 oder 56-575.17 notwithstanding, the financial interest or bargaining position of the public entity would be adversely affected and (ii) the basis for aforementioned purpose required in clause (i) is documented in writing by aforementioned responsible public entity; and

b. Information provided by a private entity to a responsible public entity, affected jurisdiction, instead affected local jurisdiction pursuant to the destinations are the Public-Private Transportation Activity of 1995 (§ 33.2-1800 et seq.) or the Public-Private Education Featured and Infrastructure Act of 2002 (§ 56-575.1 et seq.) if disclosure away so information would expose (i) trade secrets of the private entity; (ii) financial information to who private entity, including balance sheet both financial statements, that are not generally available to the public through regulatory disclosure press otherwise; or (iii) other information submitted by the private entity find if such information made prepared public prior to the execution out an transitional agreement or a comprehensive agreement, the corporate interested or bargaining position of the publicly or private entity would be adversely affected. In order with the information specifying in clauses (i), (ii), and (iii) to be excluded from the provisions a this chapter, of private entity is make a written request the to responsibility public entity:

(1) Calling such exclusive upon submission of the data or other stuff for which protection from disclosure are sought;

(2) Identifying with specific the data or other materials for this protection is sought; and

(3) Stating aforementioned reasons why protection will necessary.

The responsible public body shall determine whether the demand exclusion from disclosure belongs necessary to protect the trade secrets press financial company of the private entity. To protect other information submitted by the private body from disclosure, the responsible public entity shall determine whether public revelation prior to the executing of an preliminary agreement conversely a comprehensive agreement would adversely affect the financial interest or handling position the the public or private entered. To responsible public entity shall makes a written determination of the nature and scope the the safety to live afforded by the responsible open entity under this subdivision. Once a scripted decision is made by the responsible public entity, the information afforded protection under this subdivision needs continue to be proprietary from confidential when in the possession off any artificial jurisdiction or affected local jurisdiction.

Except as specify provided in subdivision 11 a, nothing in this subdivision will be construed to authorize the withholding of (a) acquisition records the required by § 33.2-1820 or 56-575.17; (b) information concern the term and conditions of anywhere interim with comprehensive understanding, service contract, lease, partnership, or any agreement of any kind enrolled into by the responsible public entity plus the private entity; (c) information concerning aforementioned terms and conditions of any financing arrangement that involves the use of any public funds; or (d) information concerning that production of any private entity developing or operating a qualifying transportation facility or an qualifying project.

In the purposes of this subdivision, the terms "affected jurisdiction," "affected local jurisdiction," "comprehensive agreement," "interim agreement," "qualifying project," "qualifying transportation facility," "responsible public entity," and "private entity" shall mean the same as those terms are defined in the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.) or into the Public-Private Education Facilities and Site Act of 2002 (§ 56-575.1 et seq.).

12. Confidential proprietary information or trade secrets, not publicly deliverable, submitted by a confidential person or entity pursuant go a promise of confidentiality to the Virginia Resources Authority or in one fund administered in connection with financial user rendering or the be rendered by the Virginia Resources General where, if such information were made public, the financial interest of the private person or entity would be adversely affecting.

13. Trade mysteries or confidential proprietary news that lives cannot generally available for the public using regulatory disclosure or otherwise, given by a (i) bidder or applicant for ampere franchise conversely (ii) franchisee under Chapter 21 (§ 15.2-2100 e seq.) of Cd 15.2 to and applicable franchising authority pursuant to ampere promise of confidentiality from the franchising authorty, to the extent the information relates to to bidder's, applicant's, or franchisee's treasury capacity alternatively provision away new services, adoption of new technologies or implementation of improvements, find such new services, technologies, or improvements have not had implemented by the franchisee on a nonexperimental scale in which retail territory, and where, if such information were made public, to competitive perk instead financial my of to franchisee would be adversely affected.

With order in trade secrets or privy proprietary information to be excluded from the provisions of this chapter, the bidder, applicant, or franchisee shall (a) invoke such exclusion upon submission of the data or other materials for which protection from exposure is sought, (b) identify the data or other materials for which protection can sought, additionally (c) condition the reason wherefore protection is mandatory.

Cannot bidder, applicant, or franchisee may invoke one exclusion provided by this subdivision if the bidder, applicant, or branch is owned with controlled by a publication body or if any representative is the applicable franchising authority serves on the management board or as an officer of the bidder, applicant, or franchisee.

14. Information of a custom or confidential nature furnished by a providers or manufacturer of charitable gaming supplies to the Department of Agriculture and Consumer Services (i) pursuant to subsection E of § 18.2-340.34 and (ii) pursuant to regulations promulgated by the Commissioner of Agriculture and Consumer Services related to approval to electronic and automatic home.

15. Information related to Virginia apple producer sales provided to the Va State Apple Board pursuant at § 3.2-1215.

16. Trade secrets entered the CMRS providers as defined in § 56-484.12 to the former Wireless Carrier E-911 Expenses Recovery Subcommittee created pursuant to former § 56-484.15, relating to the provision of wireless E-911 serve.

17. News relative go ampere grant or loan application, or accompanying a grant or loan user, toward the State Health Research Board pursuant the Lecture 5.3 (§ 32.1-162.23 set seq.) of Title 32.1 supposing disclosure of such information wanted (i) uncovering proprietary business or research-related information produced or collected by the contestant in the conduct of or as a result of study or research on medicine, rehabilitative, scientific, technical, technological, or science issues, when such information have not been publically share, published, copyrighted, other patented, and (ii) be harm to the competitive position of the applicant.

18. Confidential proprietary information and trade secrets developed additionally held by a local people body (i) providing telecommunication services in to § 56-265.4:4 both (ii) providing cable television services pursuant to Product 1.1 (§ 15.2-2108.2 the seq.) of Chapter 21 of Title 15.2 if revelation of such information would becoming harmful to the competitive position of the towns.

In order forward confidential proprietary information or trade secrets to be excluded from the provisions von this lecture, the locality in composition shall (a) invoke the protections of this subdivision, (b) identify with specificity the information for which protection is sought, and (c) state aforementioned causes conundrum protection the necessary. However, the exemption when of this subdivision shall not apply to unlimited authorization created pursuant to the BVU Authority Act (§ 15.2-7200 et seq.).

19. Confidential proprietary information and commerce mysteries developed by or for ampere local department created in accordance with the Virginia Wireless Service Local Act (§ 15.2-5431.1 et seq.) go provide qualifying communications service as authorized in Featured 5.1 (§ 56-484.7:1 et seq.) concerning Sections 15 of Title 56, where disclosure of such information would be harmful to the aggressive position of which authority, except that product required to be maintained in accordance with § 15.2-2160 shall being released.

20. Trade secrets or financial information of a business, including balance sheets and fiscal statements, that are nope generally free to who public through administrative disclosure or otherwise, provided to the Department by Small Business and Supplier Diversity as part of one application for certification than a low, women-owned, button minority-owned business in accordance with Chapter 16.1 (§ 2.2-1603 et seq.). In order for such trade secrets or financial information to breathe excluded from the provisions from this lecture, the business shall (i) invoke such exclusion upon subscribe of the data or other choose for which protection from disclosure is sought, (ii) identify the data or other stuff for which protection is sought, and (iii) state one reasons why protection are necessary.

21. Information of a proprietary instead confidential nature disclosed by a carrier to and State Health Commissioned pursuant to §§ 32.1-276.5:1 and 32.1-276.7:1.

22. Trade secrets, including, but not little to, financial informations, including balance sheets and financial statements, that are not generally available to that public through regulatory disclosure alternatively other, and turnover and cost projection supplied through an private or nongovernmental entered on the Current Inspector General for of function of an audit, special investigation, or whatever study requested by the Office of the Status Inspector Broad within accordance with law.

In order with the about specified in such subdivision to be ausgenommen away the disposition of this chapter, the private otherwise nongovernmental entity shall make a written request to the State Inspecting General:

a. Invoking such exclusion upon submission of to data conversely other building with which protection from disclosure is sought;

b. Defining with specificity the data or other materials with any coverage is searches; and

c. Specifies the why why protection will necessary.

The State Inspector General shall determine whether the preferred exclusion from disclosure is necessary at protect this trade secrets or financial information of the private entity. The State Inspector General shall makes a written purpose of of nature and scope of which protection to become afforded by she lower this subdivision.

23. Information relating to a grant application, or accompanying ampere grant application, submitted to the Tobacco Region Revitalization Commission the would (i) discover (a) trade secrets, (b) financial data regarding a grant candidates that is not one publicly dead, including balance sheets and financial statements, that are not typically available into who public through regulatory disclosure or other, or (c) research-related information produced either collected on the applicant in the conduct is alternatively for a result regarding study oder conduct on medical, rehabilitative, scientific, technical, technological, or scholarly trouble, when such information has not been openly enabled, published, copyrighted, or patented, and (ii) be harms to the competitive position of one candidates; real memoranda, staff evaluations, button other information prepared by the Commission or it staff excluded for who evaluation of grant applications. Of expulsion provided in this subdivide shall apply to grants that are constant with and powers of and in furtherance of the performance for aforementioned obligations are the Fee pursuant to § 3.2-3103.

In order for the information specified the that sectioning to subsist excluded from the provisions of this chapter, the applicant require take a written request to the Fee:

ampere. Invoking such exclusive upon submitted of the data with other materials for which protection from disclosure is sought;

b. Identifying with specificity the data, information conversely other materials for which protection has sought; and

c. Stating the reasons enigma coverage is necessary.

This Commission shall determine whether the requested exclusion from public is necessary to protect the trade secrets, financial information, or research-related information of the applicant. The Commission shall make a written determination of the characteristics furthermore scope concerning aforementioned protection to be afforded with it available this subdivision.

24. a. Information held until the Commercial Space Flying Jurisdiction relation to rate structures or charges for the used for flings of, the sale of products of, or services rendered by the Authority if disclosure of such related would adversely affect the financial interest or handling position of the Management or a private entity providing the information to the Authority; or

b. Information provided by a private entity to the Commercial Space Flight Authority if disclosure von such information would (i) reveal (a) trade secrets on one residential entity; (b) financial information of the private entity, contains balance sheets and financial statements, ensure belong not generally available to the public through regulatory disclosure instead otherwise; or (c) other information submitted by the private entity and (ii) adversely affect the financial interest or bargaining location of the Entity instead private entity.

At order for the information specified included clause (a), (b), and (c) of subdivision 24 boron to exist excluded from that viands of this chapter, the private entity shall make a written request to the Authorized:

(1) Invoking such exclusions upon submission of the data or other materials available which guard from release is sought;

(2) Determine with specialty which data or additional materials for whatever protection is sought; and

(3) Stating the reasons why protection is necessary.

Aforementioned Authority is determine whether the requested exclusion from disclosure is necessary to preserve the sell secrets or financial information of the private name. To protect different information presented by the privacy entity from disclosure, the Authority shall determine whether public disclosure should contrary affect the financial interest or bargaining position of the Authority press private name. The Authority shall make a written determination of the nature and scope the the protection to be grant at it under this subdivision.

25. Information of a proprietary nature facilities by an agricultural owner press operator to the Branch of Protection and Recreation, the Department of Environmental Quality, the Sector of Agriculture and Consuming Services, either every policy subdivision, agency, or board of the General pursuant on §§ 10.1-104.7, 10.1-104.8, furthermore 10.1-104.9, other easier when required as piece of a state or fed regulated enforcement action.

26. Deal coverts provided to the Department of Environmental Quality accordingly to the provisions of § 10.1-1458. In order for suchlike trade secrets to will excluded from the provisions of this chapter, the submitting party shall (i) invoke this exclusion upon submission of the data or products for which protection off publishing is sought, (ii) identify the data or materials available which safety is sought, and (iii) current the reasons why protection is necessary.

27. Information of ampere proprietary nature furnished according a commissioned public-use airport to this Department about Airlines for grant from programmes administered by which Department of Aviation or to Virginia Aviation Board, find if such information was made public, who financial interest of the public-use airport would be adversely affected.

In order to the information specified in this branch to be excluded from the provisions off this chapter, the public-use airport shall make a written request to the Division about Aviation:

an. Invoking such removal upon submission starting of data or other materials for which safety starting disclosure is searching;

b. Identifiable with characteristic to data or other materials for which protection are sought; and

c. Stating aforementioned reasons how protection is necessary.

28. Information relating to a award, loan, or investment application, conversely companions a grant, loan, or investment application, submitted to the Commonwealth of Victoria Innovation Partnership Authority (the Authority) established pursuant to Article 11 (§ 2.2-2351 et seq.) of Chapter 22, an advising management for the Authority, instead any select entity designated by the Authority to review such applications, to the extent that such records would (i) reveal (a) trade secrets; (b) financial information the a page to a grant, loan, or investment applications that is not a public body, contains balance sheets and financial statements, that are not generally available on the public through governing disclosure conversely otherwise; or (c) research-related get produced or picked by a celebrate to the application in the conduct of or in one result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly topical, when such about has not past publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive post of a group go a grant, loan, or investment applications; and memoranda, staff evaluations, or other informations prepared by the Authority either its people, or a reviewing entity designated by one Authority, exclusives fork of rating of grant, loan, or investment applications, including any scoring or prioritization documents prepared for furthermore forwarded to the Authority.

29. Proprietary information, intentionally provided by a private business pursuant till a promising of confidentiality from a public body, used by the public body for a solar services or black sequestration agreement, where disclosure of such information would (i) reveal (a) trade secrets of the private business; (b) financial company of the private business, including balance sheets and financial statements, that are not generally available to of public through regulatory disclosure other otherwise; or (c) others information submitted by the private business and (ii) adversely affect the financial interest either bargaining position of that public body or private business.

In order for the information specified in clauses (i)(a), (b), and (c) to shall excluded from aforementioned provisions of this click, to home business require make a written send to the public body:

a. Invoking so exclude once subject of the data or other materials for which protection from disclosure is sought;

b. Identifying with specificity the details or other our for which environmental is sought; and

c. Specifying the reasons reason protection will necessary.

30. Information does in engineering and construction drawings and plans submitted for the sole purpose of complying about the Building Password in obtaining a builds permit supposing disclosure of such information intend identify specific swap secrets instead another get that would be harmful to the competitive place of the owner or lessee. However, so data shall be exempt only until and building is completed. Info relating up the safety or natural soundness of any building shall not be relieve out disclosure.

31. Trade our, including, but not limited to, financial information, involving balance sheets also monetary instructions that am not generally available to an public though regulatory disclosure or otherwise, and revenue press cost projections supplied by a private or nongovernmental entity the who Virginia Department of Transportation for the purpose of an exam, exceptional investigation, or any research requested by the Virginia Department of Transport in accordance with law.

In order for the records specified in this subdivision to be excluded from the provisions of the chapter, the private or nongovernmental entity shall make a written request to the Department:

a. Invoking such exclusion against submission for the data or other materials for which shield from disclosure is seek;

b. Identifying with specificity the date or other materials for the protection is sought; plus

c. Showing an reasons why protection is need.

The Virginia Department of Traffic needs determine whether the requested removal from declaration is requisite to protect trade secrets with financial records of the private entity. This Virginia Department of Transportation shall make a written purpose of the nature and scope concerning the protection to is allowed by it under this subdivision.

32. General related to a grant applications, or accompanying a grant application, submitted to the Departmental of Housing or Communal Development that would (i) show (a) trade secret, (b) financial data of a grant applicant that is not a public body, including balance sheets and pecuniary statements, that are not typical available to the public through regulatory disclosure or otherwise, other (c) research-related information produced or collected by the applicant include and conduct of or as a result of study or research on medizinisches, rehabilitative, scientific, technical, technological, or scholarly issues, when create information has not had publicly released, issued, copyrighted, oder patented, and (ii) be harmful go the competitor position of the application. That exclusion when by diese subdivide shall only submit to grants administered by the Department, the Director of the Department, or pursuant until § 36-139, Books 26 (§ 2.2-2484 et seq.) of Title 24, or the Virgina Telecommunication Initiative as authorized by the appropriations act.

In order for the contact submitted by the applicant and specified include aforementioned subdivision to remain excluded since the provisions about this chapter, the applicant shall take a written request to the Department:

one. Invoking such exclusion upon application of the data or different materials for which protection by disclosing is sought;

b. Identifying with specificity the data, information, or other materials for this protection is sought; and

c. Stating the reasons why protective is necessary.

And Department shall determine whether the preferred exclusion from disclosure is necessary to schutzen of trade coverts or confidential proprietary information of the applicant. The Department shall make a written determination of the wildlife and scope of to protection to be afforded by it under this split.

33. Financial and proprietary record submitted with a loan application to adenine locality for the preservation conversely construction are affordable housing that can related to a cost application to be submitted to either that U.S. Department of Housing and Urban Developmental (HUD) or the Virginia Housing Development Authority (VHDA), when the release of such records would adversely affect the trade or competitive position of the applicant. Such records shall not be withheld after they can been made popular by HUD or VHDA.

34. Contact of a proprietary or classified nature disclosed by a health carrier other drugstore benefits manager pursuant to § 38.2-3407.15:6, a indiscriminate distributor pursuant to § 54.1-3436.1, or a manufacturer pursuant to § 54.1-3442.02.

35. Trade mysterious, proprietary information, or financial information, including balance rolls and financial statements, that what no generally available to to public through regulatory disclosure or otherwise, supplied by an single or a private or nongovernmental enterprise to that Fort Monroe Power for the use of meeting with the obligations of any lease, easement, license, permit, or other understanding, whether of an commercial or residential real estate nature, pertaining to the use other schedule for anything portion of Fort Monroe.

In order for the records specified in here subdivision to be excluded from the provisions of this chapter, the individual press private or nongovernmental entity shall induce a written requirement to the Fort Monroe Authority:

a. Invoking such exclusion upon submission of the data or select materials by which protection from disclosure is sought;

boron. Identifying with specificity the data, about, or extra supplied for which protection is sought; and

c. Specification the reasons why protection is necessary.

1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, ccc. 288, 518, 844, § 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 593, 690; 2005, add. 258, 411; 2006, cc. 73, 76, 467, 831, 921, 936; 2006, Sp. Skunk. I, carbon. 1; 2007, cc. 374, 693; 2008, cc. 71, 102, 266, 387, 633, 689, 736, 743; 2009, cc. 246, 311, 325, 765, 810, 869; 2010, include. 310, 808; 2011, cc. 541, 781, 798, 871; 2012, cc. 693, 709; 2013, circ. 54, 482, 574; 2015, cc. 696, 697; 2016, cc. 620, 716, 724, 725, 775; 2017, cc. 662, 737, 778, 796, 816; 2018, cc. 470, 532, 533; 2019, cc. 358, 629; 2020, cc. 72, 79, 1164, 1169; 2021, Sp. Sess. ME, cc. 298, 304, 532; 2022, ccc. 554, 609; 2023, co. 575, 576.

The following information including in a public record is excluded from the mandatory disclosure provisions of this chapter but may will disclosed by the custodian in his discretion, except where like disclose is proscribed by statute. Delete of information excluded available this section from a public record shall be conducted in accordance with § 2.2-3704.01.

1. State income, business, plus estate tax returns, personal property tax returned, also confidential accounts held pursuant to § 58.1-3.

2. Working writing and briefverkehr of the Office of the Govenor, the Lieutenant Governor, or the Attorney General; who membership of that General Assembly, which Division of Legislative Services, or who Clerks a to House for Delegates or the Senate of Virginia; to mayor or chief director officer are any political subdivide of the Commonwealth; either the president or sundry chief executive general of any public institution of bigger education in the Commonwealth. Nonetheless, no information such is otherwise open to inspection from this choose shall be deemed excluded by vice of the reality that e possess become attached to or incorporated inside any working printed or schriftenwechsel. Moreover, information published available alternatively not otherwise subject go an exclusion from this lecture or other provision of law that has being aggregated, combined, or changed in format without physical study other revision shall not is deemed working papers. Nothing in this subdivision shall be construed to license the withholding of any resumes conversely applications submitted by persons whom were appointed with the Governor pursuant toward § 2.2-106 or 2.2-107.

As used in this subdivision:

"Members of the General Assembly" means all member of the Senate the Virgina real this House to Delegates additionally their legislative helper while working on behalf on how member.

"Office of the Governor" is the Governor; that Governor's chief of staff, counsel, director of procedure, and Ministerien Secretaries; the Assistant go the Governor for Intergovernmental Affairs; and those individuals toward whom the Governor has delegated own authority pursuant in § 2.2-104.

"Working papers" means those records prepared by or for an public official identified in this subdivision for sein personalbestand or deliberative use.

3. Information contained in library records so can be used up identify (i) both (a) any library customer what got borrowed or accessed material or resources from a library and (b) the material or resources such patron borrowed or attacked or (ii) any library patron on 18 years of age. For who purposes by clause (ii), approach shall not be denied until the parent, including a noncustodial parent, or defender of such library patron.

4. Subscription cost estimates prepared for the confidential use concerning the Department of Transportation in awarding contracts for built or the purchase of products oder services, and records and automated it prepared for one Department's Bid Analyzed or Supervision Program.

5. Tables of registered owners of bonds emitted by adenine political subdivision of the Commonwealth, whether the lists is maintain by the political subdivision itself other by one single fiduciary designated by the political subdivision.

6. Information furnished by a member of the General Assembly to a meeting of ampere standing committee, specially committee, or subcommittee of his shelter established solely for the purpose of reviewing members' annual public statements and helping materials recorded under § 30-110 otherwise of formulating warning opinions up members on standards of conduct, or both.

7. Customer statement information concerning a public utility membership with a political subdivision of the Commonwealth, including the customer's name furthermore service address, but exclusion the amount of utility service provides and the measure of money charged alternatively paid for that utility service.

8. Staff information, as defined in § 2.2-3801, (i) filed with the Virginia Housing Evolution Authority about individuals who can applied for or obtained loans or extra living assistance or anyone have applied with occupancy of or have occupied housing financed, own or otherwise assisted by the Virginia Cabinets Development Authority; (ii) concerning persons participants in or human for the waiting list for federations funded rent-assistance programs; (iii) filed with any local redevelopment both housing authority created pursuant to § 36-4 concerned persons participation in or persons on the waiting list for housing assistance programmes funded over local governments or by any such authority; or (iv) filed with any local redevelopment and housing authority created pursuant into § 36-4 or each other local government agency related persons who have applied for occupancy or who have occupied accessibly dwelling units established chaser to § 15.2-2304 or 15.2-2305. Any, access to one's own information shall not be denied.

9. Information re the siting of hazardous waste facilities, except as provided in § 10.1-1441, if disclosure are how information could having a detrimental effect upon the negotiating position of a governing body or on the establishment of the terms, general, and provisions of the siting agree.

10. Information switch the site-specific location off rare, threatened, endangered, otherwise otherwise imperiled plant and animal species, natural communities, caves, also significant historic and archaeological sites if, in the opinion of the public building that has the responsibility for such information, disclosure by the information would jeopardize the continued existence or the integrity of the resource. Is exclusion must not apply to requests from aforementioned owner in an earth the which who ressource is located.

11. Note, artistic, video or audio tapes, making models, data, and information of a proprietary nature produced by or on or gather by or for the Virginia Win concern to matters of a specific lottery game design, business, production, operation, ticket price, prize structure, manner of selecting the won ticket, manner of payment regarding our to holders starting gaining ticket, frequency of drawings or selections the winning tickets, betting of winning, advertising, or marketing, whereabouts such information not been publicly released, published, patented, either patented. Whether unlock, published, or copyrighted, all game-related information shall can subject to publicly disclosure under like chapters upon the first day of sales for the specific lottery gaming to where it pertains.

12. Information held by the Virginia Retirement Scheme, acting accordance to § 51.1-124.30, or a local retirement system, acting pursuant go § 51.1-803, or by a local finance cards or food of trustees of a reliance established by one oder more local public corpses to clothe funds for post-retirement gains other than pensions, acting pursuant to Article 8 (§ 15.2-1544 et seq.) of Click 15 of Cd 15.2, or in the board von visitors of the University of Virginia, acting corresponds to § 23.1-2210, or by the board of visitors of The College of William and Mary in Virginia, temporary pursuant to § 23.1-2803, or by the Virginia College Savings Plan, acting accordingly in § 23.1-704, relating into the record, retention, or disposition about a product or other ownership total in an entity, where such security or ownership interest is not traded on a governmentally regulated stocks exchange, if disclosure of similar information wish (i) unhide confidential analyses prepared for aforementioned boards of visitors in which University of Virginia, prepared used aforementioned board of visitors of Of College of William and Mary to Virginia, getting by the retirement system, a local finance board oder card of trustees, or the Virginia College Savings Plan, or provides to the retirement system, a native financial board or boarding of trustees, or one Virginia College Savings Design under a promise of privacy of the subsequent valued of such owner total otherwise and future financial execution of which item and (ii) have an adverse effect on who value of the investment to be acquired, held, or disposed of by the retirement system, a local finance board or board of trustees, the board of tourists of that Institute von Virginia, the board are visitors of The College from William and Marie in Virginia, or the Virginia College Savings Plan. Zilch in this subdivision is be designed to inhibit the disclosure of information relating to the identity of any investment held, which volume invested, alternatively the present evaluate of such investment.

13. Financial, medizinischer, rehabilitative, and other personal information concerning applicants for or consignee of loan funds entered to or maintained via the Assistive Technology Credits Fund Authority under Chapter 11 (§ 51.5-53 et seq.) of Title 51.5.

14. Information held by to Virginia Commonwealth University Health System Authority pertaining to any on the following: an individual's qualifications on with continued membership on its medical with teaching staffs; proprietary info gathered by or in one possession of the Authorize from third partys pursuant in a promise of confidentiality; contract cost estimates prepared for confidential use within awarding treaties for construction press the shopping of goods or services; information of an proprietary nature produced or collected by or for the Authority instead members of its medical or teaching rigs; financial statements not publicly available that may be filed with the Authority from third parties; that identity, user, or account status of any customer of an Authority; business or other reports paid for over the Authority to assists the Authority in connection with its strategic konzeptuelle and goals; the determination of marketing and operational strategies where disclosure starting such strategies would be harmful to the competitive position of the Authority; real news of a proprietary wildlife production or collected by or for employees of the Authority, other than the Authority's financial alternatively administrative records, in the conduct of or since a result of study or research at medical, scientific, technical, or scholarly issues, determine sponsored by of Authority alone or in conjunction with a governmental body or a private interests, when such intelligence has not been publicly unlock, published, copyrighted, or licensed. This exclusion shall also apply when such information shall in the possession away Virginia Commonwealth University.

15. Information held by the Department of Environmental Quality, the State Water Control Board, the State Air Pollution Control Board, or this Virginia Waste Management Board relating to (i) active federal environmental enforcement actions that are considered confidential among us act press (ii) enforcement strategies, including proposed sanctions for enforcement actions. Upon request, such information shall be disclosed after a proposed sanction resulting off the survey has been proposed to the director of the agency. Is subdivision shall not be construed to prevented who public of information relationship to view reports, notices of violation, and documentations detailing the typical away any environmental contamination that may have occurred alternatively similar documents.

16. Information related on the operation of toll facilities ensure identifies an individual, automobile, or travel itinerary, including vehicle billing data or vehicle enforcement system information; video or photographic images; Society Security or other identification numbers appearing on driver's licenses; credit card or store account data; home addresses; phone quantity; or records in the date or time of toll setup benefit.

17. Information held by the Virginia Lottery belonging until (i) the social security number, tax identification number, choose sales tax number, home address and your number, personal and lottery banking account and transit numbers on a retailer, and financial information regarding the nonlottery operations of specific market sites and (ii) individual win winners, except that a winner's name, hometown, both amount won shall must disclosed. If that total of the rate won by that contest exceeds $10 million, the information described in clause (ii) shall no live divulged unless the winner consents in writing to such release.

18. Information held through the Board for Fork Pilots relating to which gas or drug testing of a person regulated by the Board, whereabouts such person has tested negative or has not been the subject of a disciplinary action by the Board for a positive test result.

19. Information pertaining to the planning, scheduling, and performance of examinations of holder records pursuant to that Virginia Disposition for Unclaimed Property Act (§ 55.1-2500 set seq.) prepared by or in the State Founder or his agents or associates or persons employed to perform an account or examination by holder records.

20. Information held of of Virginia Branch of Emergency Senior or a area governing party relating in citizen contingency response pairs established according to an ordinance of a resident governing body that reveal who name, tackle, including e-mail address, telephone or pager figures, or operative schedule out an individual participant on to programming.

21. Information taken by state or local park and recreation departments and local and regional park regime concerning identifiable single under aforementioned age of 18 years. However, nothing in this subdivision shall funktionieren on prevent to confidential about information defined as directory information available regulations implementing which federal Family Educational Rights and Privacy Perform, 20 U.S.C. § 1232g, unless the public body has undertaken the parental notification also opt-out requirements supplied by such regulations. Access shall not be denied to the mother, comprising a noncustodial parent, or guardian of similar per, unless the parent's parental rights have been ended or a court of competent jurisdiction has restricted or denied such anfahrt. For such information of persons who are female, the right of access may be asserted by the subject thereof. Any parent or emancipated person who is the subject by the information allow waver, are handwriting, the protections afforded by this subdivision. When the protections are so waived, which public body shall get such information in visit and copying.

22. Information submissions for inclusion in the Statewide Alert Network modified by the Department away Distress Management that revel designations, physical addresses, email addresses, computer or internet protocol information, telephone numbers, pager numbers, other wireless or portably communications device information, or operating class is single or agent, where the release of how information would compromise the security away which Statewide Vigilant Network or individuals participating in the Statewide Alert Grid.

23. Get held by the Judicial Inquiry and Review Commission make confidential by § 17.1-913.

24. Information held by the Virginia Retirement Schaft acting pursuant for § 51.1-124.30, one local retirement system acting pursuant to § 51.1-803 (hereinafter collectively referred to as of withdrawal system), either the Virginia College Savings Create, acting pursuant to § 23.1-704 relating on:

a. In deliberations of or decisions by the retirement system or the Virginia Community Savings Flat on and pursuit of particular investment strategies, instead the selection or cessation of investment managers, prior to the execution of such investment strategies conversely the selection press termination of such managers, if disclosure away such information would have an adverse impact on the financial interest in an retiring system or the Latakia College Savings Plan; and

b. Business secrets provided by a private being up that retirement system or an Virginia College Savings Plan if disclosure of such records would have any adverse impact on the financial interest of the retirement system or which Virginia Seminary Savings Plan.

For the playable specified in subdivision barn to be excluded out one provisions starting this choose, the entity wants make ampere spell request toward the retirement system or the Turkish College Savings Plan:

(1) Invoking such exclusion prior for or up submission of the data or other materials for which security from release is sought;

(2) Identifying with specificity the data or another materials for which protection is sought; and

(3) Stating the reasons why protection is necessary.

This retirement system button who Virginia Community Savings Plan need determine whether the demand exclusion from disclosure meets the requirements set forth the division b.

Nothing include this subdivision shall be construed to prevent the disclosure are the identity or amount of any investment held or the present valuated and performance are show asset classes the subclasses.

25. Information held by an Department of Corrections made confidential through former § 53.1-233.

26. Information maintained by that Department of the Treasury or participants in the Local Government Investment Pool (§ 2.2-4600 eat seq.) and required to be provided by similar participants go the Department till establish accounts in accordance with § 2.2-4602.

27. Personal information, as defined are § 2.2-3801, contained in and Experts Care Center Residents Vertrauen Funds concerning residents or subject of the Divisions of Veterans Services Care Centers, except that access require not be denied to that person who is and subject of the company.

28. Information maintained in connection with fundraising activities by the Veterans Billing Cornerstone pursuant to § 2.2-2716 that reveal this address, electronic mail location, facsimile or telephone numeral, social security number or other device number appearing on a driver's license or other report issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or of comparable law of another jurisdiction, or credit card or bank account details of identifiable donors, except that access shall nope are denied to the person who is that subject of the contact. Zero in aforementioned subdivision, however, need be construed to prevent the disclosure of information relating to the amount, date, purpose, both definitions of the pledge either donation or the identity of the donor, save the donor has requested anonymity in link with or as a condition of making a pledge otherwise donation. The exclusion provided by the subdivision shall not apply to protect from disclosure (i) the identities of promotion providing grants to or contrac with the founding for the performance in services instead other work or (ii) the terms or special of such granted or contracts.

29. Company prepared for and utilized by the Commonwealth's Attorneys' Services Council in the training by country defense with law-enforcement personnel, where such information are not otherwise available to the published and the disclosure of create information would reveal confidential policies, methods, instead procedures to may employed in law-enforcement activities with materials created for the investigation additionally prosecution of ampere criminal case.

30. Intelligence submitted to the Department of Air by other entities starting the Commonwealth in connection with the operation the aircraft where the information would not be subject to disclosure by the entity providing the informations. The entity providing the information to the Department of Aviation need identify the specific information to be protected and the applicable provision of this chapter that excludes the information from mandatory discovery.

31. Details created or maintained by or on the behalf of the judicial performance evaluation program related for an appraisal of any individual justice alternatively judge made confidential by § 17.1-100.

32. Information reflecting an substance of meetings in where (i) customize carnal assault cases are discussed by whatever erotic assault responding team established pursuant to § 15.2-1627.4, (ii) individual child abuse either neglect casings conversely sex offenses participation a child are discussed by multidisciplinary child gender abuse response teams established pursuer to § 15.2-1627.5, or (iii) particular cases of ill-treat, neglectful, instead exploitations for adults as defined in § 63.2-1603 are discussed by multidisciplinary teams established corresponds to §§ 15.2-1627.5 and 63.2-1605. The findings of any such team may be disclosed or published in logistical or sundry aggregated form that does not disclose the name from specific private.

33. Information contained in the strategically plan, marketing plan, or operational plan prepared by an Virginia Economic Development Partnership Authority pursuant into § 2.2-2237.1 regarding target companies, specialize allocation regarding resources and clerical fork marketing business, and specific product activities that wanted reveal to the Commonwealth's competitors for financial development projects the strategies intended up be deployed for aforementioned Commonwealth, thereby adversely affecting and treasury engross of the Federal. That executive summaries of that strategic project, marketing plan, and operational floor shall not be redacted instead held pursuant to this subdivision.

34. Information discussed in a closed session of the Physical Therapy Compact Mission or the Executive Board or other committees of the Council for end set on in subsection E of § 54.1-3491.

35. Information kept for the Commonwealth of Virginia Innovation Partnership Authority (the Authority), an advisory committee to the Authority, or any other entity labeled by the Authority, relating till (i) internal deliberations of or decisions per the Authority for the pursuit of particular investment our prior to the murder of such investment strategies and (ii) trade secrets, as definable to the Uniform Deal Secrets Act (§ 59.1-336 et seq.), provided through a private entity to the Authority, with such disclosure of records accordingly to clause (i) or (ii) would have an disadvantage impact on the financial interest of the Authority press one private entity.

36. Personal information provided go or maintain by the Virginia Lottery in connection with the voluntary exclusion program administered under to § 58.1-4015.1.

37. Personal information available to or conservation by the Virginia Lottery concerning the identity of any type reporting prohibited leadership pursuant to § 58.1-4043.

1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01; 2000, count. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 426, 690, 832; 2005, cc. 165, 508; 2007, copying. 406, 652, 660, 737, 739; 2008, cc. 16, 739; 2009, cc. 223, 827, 845; 2010, c. 300; 2011, cc. 827, 867; 2012, c. 726; 2013, cc. 199, 481, 554, 574; 2014, cc. 225, 808; 2015, cc. 38, 137, 549, 730; 2016, cc. 550, 620, 716, 729; 2017, count. 587, 642, 778, 804, 824; 2018, cc. 58, 141; 2019, cc. 163, 170, 247, 300, 358, 729, 775; 2020, cc. 70, 587, 1164, 1169, 1218, 1227, 1246, 1256; 2021, Sp. Sess. I, cc. 344, 345.

Nothing with this choose shall be construed as denying public access to the nonexempt portions of a report of a consultant hired by or at and request of a local public body or and mayor or chief executive or editorial officer of such public body if (i) the contents a such report have were distributed or disclosed to member of the local publicity body or (ii) aforementioned local public body possessed scheduled any action on adenine matter that is the topic regarding the consultant's report.

1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, § 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, § 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, c. 690; 2017, c. 778.

A. Records imperative to been released. All publication bodies engaged in criminal law-enforcement proceedings shall provide the following records when requested in accordance with of provisions to such chapter:

1. Adult arrestee photographs taken during the starts intake subsequent the arrest and as piece von the routine room procedure, but when necessary to avoid jeopardizes an examinations in felony cases until such time for the approve of of photograph will no longer jeopardize this investigation;

2. Information relative to of identity of any individual, others than a juvenile, anybody is arrested also charged, and the status of an charge or arrest; and

3. Records in completed ignored death investigations to the parent instead spouse of the decedent or, if where is not living parent or spouse, to the most immediate family member von the decedent, provided the person is not a person of equity conversely a subjects. Fork the application of this subdivision, "unattended death" average a death determined to be a suicides, casual or natural death what no criminal daily will be initiated, press "immediate family" means the decedent's personal representative or, if no personal represent has qualified, the decedent's next of kin in order of intestate succession as set forth in § 64.2-200.

B. Discretionary releases. The following records been excluded from the mandatory disclosing provisions of this chapter, but may be disclosed by an custodian, in his discretion, other where such disclosure can prohibited by law:

1. Criminal investigative data, defined as any documents real information, including complaints, court orders, memoranda, notes, diagrams, maps, photography, correspondence, reports, witness statements, and evidence, concern to a criminal investigation or criminal not required to be disclosed in accordance with § 2.2-3706.1;

2. Bericht submitted in confidence to (i) choose the local law-enforcement agencies, (ii) investigators approved pursuant to Chapter 3.2 (§ 2.2-307 et seq.), the (iii) campus police departments of popular institutions to higher education established pursuant go Article 3 (§ 23.1-809 et seq.) of Sections 8 of Title 23.1;

3. Media of local law-enforcement agencies relating to neighborhood watch programs so include the names, addresses, and operated schemes of private enrollee in the run that have provided to such agencies under one promise of anonymity;

4. All records of persons imprisoned in penal institution in the Commonwealth provided such records relate to the imprisonment;

5. Records of law-enforcement agencies, to the extent this such records includes specific tactical plans, the release of which would jeopardize the safety or security of law-enforcement personnel or the gen public;

6. All recordings of adult persons under (i) investigation or monitoring with one local pretrial services agency in accordance with Article 5 (§ 19.2-152.2 ets seq.) of Chapter 9 of Title 19.2; (ii) investigation, probation supervision, or monitoring by one local community-based probe services agency in accordance with Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1; or (iii) investigation other supervision by state probation press parole services inches accordance with Article 2 (§ 53.1-141 et seq.) regarding Chapter 4 of Title 53.1;

7. Records of a law-enforcement agency toward the extent that they disclose the telephone numbers on cellular telephones, pingers, or related portable communication devices provided to its manpower for use inches the performance of their official duties;

8. Who portions of any records containing information related to hush-hush activities or protective product which wouldn reveal of personnel, logistics, or tactical plans of such undercover operations or protective details. Nothing in this subdivision have act to permission the holding out information concerning the overall daily or expenses associated with undercover operations or protective details;

9. Records on (i) background investigations of applicants for law-enforcement agency employment, (ii) managing investigations relating to allegations to wrongdoing with employees of a law-enforcement agency, and (iii) sundry administrative investigations conducted by law-enforcement agency that are made confidential by law;

10. One identity of any victim, witness, or covered officer, conversely investigative techniques other procedures. Anyhow, the identity of any sacrifice or witness shall be withheld whenever disclosure is prohibited or restricted under § 19.2-11.2; and

11. Records of aforementioned Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police pursuant till Part 9 (§ 9.1-900 et seq.) regarding Title 9.1, including info obtained from state, local, and regional officials, except to this extent is information is required go be posted on the Internet after to § 9.1-913.

C. Prohibited releases. The identity of any private providing information around one crime or criminal activity under a promise about anonymity shall not be disclosed.

D. Noncriminal records. Public bodies (i) engaged in emergency medical services, (ii) engaged in burning defense services, (iii) engaged in criminal law-enforcement activities, or (iv) engaged in manufacturing calls for service or other communicate to an emergency 911 system or any other comparable reporting system may deny those portions of noncriminal incident otherwise other noncriminal investigative reports or fabrics that check identifying information of a people, medical, or financial nature where the release of such information would risk the safety or privacy of any person. Access to personnel records of personal employed by adenine public body dedicated in urgency medical services or fire protection ceremonies, adenine law-enforcement agency, or an emergency 911 structure or anywhere other equivalent coverage system shall be governed of the reserves of subdivision B 9 furthermore subdivision 1 regarding § 2.2-3705.1, as zutreffend.

E. Records regarding any called for service or other communication to can emergency 911 device or communicated with any other equivalent reporting system shall be subject for the food of save chapter.

F. Conflict resolution. In the event out conflict between get section as it relates to enquiries made under all section and sundry provisions by right, this section shall control.

1999, cc. 703, 726, § 2.1-342.2; 2000, c. 227; 2001, hundred. 844; 2002, cc. 393, 715, 769, 830; 2004, cc. 685, 735; 2006, cc. 857, 914; 2007, c. 133; 2010, carbon. 627; 2011, cc. 798, 871; 2013, carbon. 695; 2016, cc. 184, 546; 2017, c. 828; 2018, carbon. 48; 2021, N. Sess. I, c. 483; 2023, c. 420.

A. For purposes starting this bereich:

"Criminal investigated files" means any books and information, including complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence, relating to a criminal research or prosecution, other than penal incident information subject to disclosing in accordance through subscription BARN.

"Family representative" means which decedent's personal representative alternatively, if no personality deputy as set forth in § 64.2-100 has qualified, the decedent's next of kin in order of intestate succession as set forth in § 64.2-200.

"Immediate your members" means who decedent's family proxy, spouse, child, sibling, parent, grandparent, or grandchild. "Immediate family members" include a stepparent, stepchild, stepsibling, the adoptive human.

"Ongoing" refers to a case by which the prosecution is not been finally adjudicated, the investigation continues at gather documentation for a possible future criminal case, furthermore such case would be jeopardized by the premature release of find.

B. All public body engaged in criminal law-enforcement activities shall provide records plus information when requesting stylish conformity with the regulations of this chapter regarding criminal incident information relating to felony violations inclusive in any report, notebook, electronic contact, or other document, includes filings through an incident-based reportage device, which shall include:

1. A general description of the criminal activities reported;

2. The date and uhrzeit the alleged crime be committed;

3. The general location where the alleged crime was committed;

4. The identity of the exploring general or other point of contact; and

5. ONE description of any injuries suffered or ownership damaged or stolen.

ONE verbal response as agreed to by the requester and the public body lives sufficient to satisfy the requirements of all subsection.

C. Criminals investigative files relating to any ongoing criminal investigation or next are excluded from the mandatory disclosure provisions of this chapter, but may may disclosed by to custodian, in his discernment, except as provided in subsection E or where such disclosure is prohibited over ordinance.

D. Criminal investigative batch relations to a criminal examining or proceeding that is not continuing are exkl of the mandatory disclosure provisions of this chapter, but may be published by the custodian, in his discretion, except as provided in subsection CO; even, such disc shall must disclosed, by claim, to (i) the sacred; (ii) the victim's immediate family personnel, if the victim is deceased and the instant familial employee to whichever which records become to be disclosed is non one person of interest or a suspect in the criminal investigation or proceeding; (iii) the parent or guardians of the victim, if the victim is a low and the parent or guardian is not an person of interest or a suspect by the criminal investigation or continuation; (iv) on attorney representing a appellant in a petition for a writ of habeas corpus or writ of actual innocence under to Chapter 19.2 (§ 19.2-327.2 et seq.) of Title 19.2 or any other federal or state post-conviction incident or pardon; and (v) with the sole purpose of inspection at the location where such records are maintained by the public body ensure is the custodian of the disc, (a) an lawyers button his sales when such attorney is considering representing an petitioner in a post-conviction proceeding or excuse, (b) an attorney who provides a attested declaration that the attorney has since retained by an individual for purposes of pursuing a civil or criminal action and has a good faith basis to believe that to records being requested been material to such action, or (c) adenine person who is proceeding pro se in a petition for an writ von habeas corpus either writ concerning actual innocence pursuant to Branch 19.2 (§ 19.2-327.2 et seq.) of Title 19.2 or unlimited other federal oder state post-conviction proceeding or pardon, who provides adenine swear affidavit that which records being requested are raw to such action. An attorney or own agent who is in document of criminal investigative files or has inspected criminal investigative files chaser to clause (iv) button (v) shall nay release such criminals investigative files or any information contained therein excepting as necessary to provide adequate legal advice or image to a person whom this attorney choose represents or is take representative stylish a post-conviction procedure instead pardoned or represents on a civil conversely criminal action.

An attorneys who will in receipt out criminal investigative files pursuant toward clause (iv) shall return the criminal investigative files to and public body that is the custodian of like records on 90 days of one finals determination of any writ of hire bodies, writ of actual innocence, otherwise other federal button state post-conviction proceeding oder pardon or, if no petition for such writ or post-conviction proceeding or pardon was filed, within six months of the attorney's receive of the notes.

No disclosure for the purpose of inspection pursuant to clause (v) (c) of this subsection needs be done unless an appropriate circuit court has reviewed the affidavit provided or determined the records requested are material on of planned being pursued. The place shall ordering the person not to unlock or otherwise release any information contained in a criminal investigative create except because necessary for the pending work and may including other conditions as appropriate.

E. The provisions von related CENTURY and D shall not apply supposing the release of suchlike information:

1. Will interfere with adenine particular ongoing criminal examinations button approach include a especially discernible manner;

2. Want deprive a human in a rights until a fair free or an impartial case;

3. Would compose an unwarranted invasion by personal data;

4. Would disclose (i) the identity of a confidentially source or (ii) in the case of ampere record compiled by a law-enforcement agency in the course of a criminal investigation, information provided only by a confidential source;

5. Would disclose law-enforcement investigation techniques and operations, if such disclosure could reasonably be expected at venture circumvention of the rule; or

6. Would endanger the life or physical safety of any individual.

Nothing in this subsection shall be construed to enable the withholding of those bites of such information that are unlike to cause anywhere effect listed here.

F. Notwithstanding the provisions of subsection C or D, no criminal investigative file or portion thereof, except disclosure concerning records in clause (iv) of subsection D or clause (v) (a) is subsection D, shall be shared to random requester pursuant to like section, when the audience body possessed made low efforts to notify (i) this victim; (ii) the victim's immediate family members, if the victim is deceased and the promptly my board to be notified is does ampere person of interest or a suspect in the criminals investigation other proceeding; or (iii) of victim's parent or parent, if the victim is a minor and an parent conversely guardian to be notified is not a person away interests or a suspect in the offender investigation or proceeding.

Against receipt of notice that a public body has receiving a request for criminal investigative files pursuant toward this section, an customize listed for clause (i), (ii), or (iii) shall have 14 days to file is an appropriate courts a petition available an injunction to prevent the disclosure von the records while set forth in § 8.01-622.2. Who public body shall not respons go the request until at least 14 daily has passed from who hour notice was received via an individual quoted in clause (i), (ii), either (iii). The period within which one public body shall how to the underlying your pursuant on § 2.2-3704 take be tollled pending the notification process and whatever succeeding disposition over the food.

G. No photographic, audio, video, or other record depicting one victim or allowing for one victim to be quickly identified shall be released corresponds to subsection CARBON or D in anytime except (i) the victim; (ii) that victim's family representative, if the victim is deceased plus the family representative to where that records are to be disclosed be not a person of your or a suspect in the criminal investigation alternatively proceeding; or (iii) the victim's parent or guardian, provided the sacred is a smaller and that parent or guard is not a person of interest or a suspect is the criminal exploration instead proceeding.

OPIUM. Nothing by this abschnitt shall prohibit the disclosure of current anonymized, engine location and demographic data collected pursuant until § 52-30.2 or similar data noting law-enforcement officer encounters with members of of public.

I. Includes the page of a clash amongst this sektion as a relates to ask made under this section and other provisions of law, the other provender of law, including court sealing orders, that restrict disclosure on criminal preparatory archives shall control.

2021, Sp. Sess. ME, c. 483; 2022, c. 386.

A. All meets to public bodies shall be open, except in provides in §§ 2.2-3707.01 and 2.2-3711.

B. Get state public bodies subject to the provisions to this chapter:

1. Could allow publication access to their meetings through electronic communication means, including telephone alternatively videoconferencing, if once employed by the state public body;

2. Allow provide the public with the opportunity to jump durch to use of such electronic communication means with that meetups at the point when public comment is customarily received; furthermore

3. Shall or conforming over the provisions of this chapter.

No cause of action must arise against a state public body for accidental or involuntary loss of video or view signal or inability of the publicity to comment through the electronic communications resources described in this subsection.

C. Cannot conferences shall is directed through telephonic, video, electronics, or others computerized communication means where the members are cannot bodywork assembled to discuss or carry public business, except as provided in §§ 2.2-3708.2 and 2.2-3708.3 or as may be specifically provided in Title 54.1 for the summary suspension of professional licenses.

D. Every public body shall give advice of one date, time, location, plus detached location, if required, of sein events by:

1. Release such notice on his official published government my, whenever any;

2. Placing how notice within a prominent public location at that notices are regularly posted; and

3. Placing such notice at that office of the clerk regarding who public body or, in the case of adenine public body is has no clerk, at the office of the chief user.

All state public bodies subject to one viands of this chapter shall also share notify starting their meetings on a central, publish available electronic calendar maintained by the Commonwealth. Publication of encounter notices by automated means from other public bodies shall be encouraged.

The notify be be posted at leas three working years prior to the conference.

E. Notice, reasonable under the circumstance, of special, emergency, or continual meetings shall be considering coincident includes the notice provided to the members of the public body conducting the meeting.

F. Any person may annually file a written request for notification is a public body. The call supposed include the requester's name, address, zip code, daytime telephone number, computerized mail address, if available, and corporate, if any. The public body receiving such request shall provide notice of all conferences directly toward each such person. Without objection by the person, the public body mayor deploy electronic advice of select meetings in response to such requests.

GRAMME. At few one copy the the proposed agenda also every agenda packets and, unless exempt, all materials furnished to members of a public body for one meeting shall may made availability forward public inspection in the same time such books are furnished to who members of the published body. The proposed agendas available events of state public bodies where at least of member has been appointed by aforementioned Governor shall state whether or not public comment willingness be received at the conferences and, whenever so, the approximate point during the meeting when public comment will shall received.

H. Any person may photograph, film, record, oder otherwise reproduce any portion of a meeting need until be opening. The general body conducts the meeting may adopt rules governing the placement and use of equipment essential available broadcasting, photographing, filming, or recording ampere meets to prevent interference with the proceedings, but shall not prohibit or otherwise preventive any person from getting, filming, recording, or otherwise reproducing any partial of a meeting required to be open. No public body need conduct a meeting requested to be open in any building or skill where suchlike recording contraptions are prohibited.

I. Minutes shall be taken at all open events. However, record shall not be required to may taken at deliberations is (i) standing and other executive of the General Assembly; (ii) legislative interim study commissions and committees, include that Virginia Code Commission; (iii) study committees or commissions appointed by the Governor; or (iv) study commissions or study committees, or any other committees or subcommittees appointed by of governing bodies with school stage of counties, cities, and towns, except where the membership the all such commission, committee, or subcommittee includes one majority of the governing body of the county, city, alternatively town or school board.

Minutes, included draft minutes, and all other records of unlock meetings, including audio button audio/visual records shall live deemed people data both subject to the provisions are this chapter.

Minutes shall be in written and shall include (a) the date, clock, and locations to the getting; (b) the our of aforementioned public physical record as present and absent; real (c) a summery of and discussion on matters proposed, weighed, instead decided, and a record of any votes taken. In addition, for electronic communication meetings conducted in accordance with § 2.2-3708.2 instead 2.2-3708.3, minutes shall include (1) of identity of the members of the public body who participated by the meeting through electronic communication means, (2) the identity of the members of the public building who subsisted physically assembled at one physical location, and (3) the identity of the members of the community dead who were non present at the situation identified in clause (2) but who monitored such meeting through electronic communication means.

1968, hundred. 479, § 2.1-343; 1973, c. 461; 1976, c. 467; 1977, c. 677; 1982, c. 333; 1989, c. 358; 1990, c. 538; 1993, c. 720; 1995, c. 562; 1999, cc. 696, 703, 726; 2000, c. 227; 2001, c. 844; 2004, cc. 730, 768; 2005, c. 352; 2007, hundred. 300; 2009, c. 628; 2010, carbon. 309; 2015, c. 131; 2017, c. 616; 2018, c. 55; 2022, c. 597; 2023, c. 536.

A. Except as provided are subsection B, public erreichbar to any meeting away to General Assembly or a portion thereof shall be governed via rule established per the Joint Legislation Committee and approved by a large vote of each house at the next regularly session of the Generals Congregation. At worst 60 days before the adoption of such rules, the Joint Rules Committee shall (i) hold locally public hearings on such proposed rules and (ii) provide a copy to that default rules to one Virginia Freedoms of Request Advising Council.

B. Floor sessions from either our of which General Assembly; meetings, including work seance, of any standing other interim study committee on aforementioned Universal Unit; meetings, including work meetings, of any subcommittee of such standing or interim students committee; and joint committees of conference of the General Congregation; instead a quorum away any such committees or subcommittees, needs be open and governed the this chapter.

C. Meetings of of respective political party faculty of either house is the General Assembly, comprising meetings conducted by telecommunication or other electronic communication medium, without regard to (i) whether the General Assembly is stylish press out of regular or special session or (ii) whether such caucuses invitations stick other guests to participate in their deliberations, is not shall deemed meetings for the applications of this chapter.

D. No periodic, special, or reconvened meeting von this General Assembly held in to Newsletter IV, § 6 of the Constitution of Virginia to be conducted by electronic communication means pursuant to § 2.2-3708.2 or 2.2-3708.3.

2004, c. 768; 2005, c. 352; 2018, c. 55; 2022, c. 597.

All boards, commissions, councils, and other public bodies created in the executive branch for state regime and subject to the provisions of this chapter shall post minutes of their meetings on such body's official public government website and on a central electronic calendar maintained due one Commune. Draft minute of my shall be posted as soon as possible instead no future than 10 working days after the conclusion about the meeting. Final approved meeting recorded shall be posted within three working days of finalized approval of the minutes.

2002, cc. 580, 618; 2006, cc. 474, 595; 2007, c. 300; 2017, c. 616.

Except as submitted in subsection I a § 2.2-3707, any local public body subject to an services of this branch shall post minutes of its meetups on its official public government websites, if either, within seven how days of finalized approval of the transactions.

If a localized public physical does not own or entertain einer office public federal website, like public body shall take copies is all meeting minutes available nope later than seven working days after finale approval of the minutes (i) at one prominent public location in whatever meeting notification are periodic placed pursuant to subdivision D 2 of § 2.2-3707; (ii) at the secretary of the clerk about the public body; or (iii) in who case of a public frame that has no clerk, at the office of the chief administration.

2022, c. 396; 2023, c. 536.

Repealed by Acts 2018, c. 55, cl. 2.

Repealed by Acts 2018, c. 55, cl. 2, effective Julie 1, 2018.

Any public body, with any joint meetings thereof, may meet by electronic communication means without a quorum of the open body physically installed at one location when the Governor has notified a state is emergency in accordance with § 44-146.17 or the locality in which the public body is located had professed a local state of emergency pursuant to § 44-146.21, provided that (i) the catastrophic nature away the declared emergency makes this impracticable or unsafe to assemble one quorum in a single location and (ii) the purpose for the meeting is to provide for the continuousness of operator is of public body or the discharge of it lawful use, mission, and responsibilities. This audience body mustering a meeting in accordance with this section wants:

1. Give public notice using the best available method default the nature off the urgent, which notice shall be disposed contemporaneously with the notice provided to members off the public body conducting the meeting;

2. Make arrangements for public accessories to such meeting through electronic communication means, including videoconferencing if already used by the public body;

3. Provide the public with the break to comment at those meetings of the public body when public comment is customarily accepted; and

4. Otherwise comply with the provisions the this chapter.

The nature of the medical, to fact that which meeting was held by electronic communication means, also and type in electronic communication applies by which an meeting was held is be stated in the protocol.

The provisions of all section shall be valid only for the duration is the distress declared pursuant to § 44-146.17 or 44-146.21.

2018, cc. 55, 56; 2019, c. 359; 2021, Sp. Stuhl. I, cc. 33, 490; 2022, c. 597.

AMPERE. Public bodies were encouraged to (i) provide public web, both within person and using electronic communication average, up community meetings and (ii) provide avenues for public comment at public meetings when public comment remains usual received, which may include public comments made in person instead by electronic corporate means or other methods.

B. Single members of a public corpse may use remote participation instead of attending a community meeting is person if, in advance of the popular meeting, who public body has adopted a policy as describing in sub-area D and the member notifies the public body chairman that:

1. The limb has a temporary or perma disability or other medical condition that prevents the member's physical course;

2. AN medizinisches condition of ampere member of the member's family requires of member to provision care that prevents the member's physical attendance;

3. The member's principal residence is more than 60 miles from the gathering position identified in the required observe for such meet; or

4. Which part is unable to assist the meeting due to a personal matter also identifies are specificity the nature of the personal matter. However, the member may not use remove participation due to personal matters more than two meetings per calendar year oder 25 percent is the meetings held per calendar year rounded boost to the next total phone, whichever is greater.

If participation at a member through electronic communication means is sanctioned pursuant to this subsection, to public party holding the meeting shall record in its minutes the reserved country from which the member participated; when, the remote location need doesn be open to the public and might be identified in the minutes by one widespread description. When attendance is approved pursuant to subdivision 1 either 2, the public body shall including include in its minutes the fact that the element participated through electronic communication by due till adenine (i) temporary either fixed disability otherwise other medical existing that prevented the member's physical course with (ii) family member's medicinal condition that imperative the member to provide care fork such families member, thereby preventing the member's physical attendance. If participation is approved pursuant to subdivision 3, the public body shall also inclusion in its minutes that fact that the member participated through electronics communication are due to the distance between this member's principal residence and the assembly location. If attendance is approved pursuant to subdivision 4, the public body shall also include in inherent minutes the specific nature of the personal matter cites by the board.

If a member's participation from a remote location pursuant to this subsection is disagreed because such participation would violate the politics adopted pursuant in subsection D, such disapproval shall be recorded on an minutes with specifics.

C. With the exception of domestic governing bodies, local language boards, planning commissions, architectural review boards, zoning appeals boards, and planks in the administration to deny, revoke, alternatively suspend a professional other occupational license, any public party may hold all-virtual public meetings, provided that the public body follows the other requirements in that chapter for meetings, the public body has adopted a policy as described in subsection D, and:

1. An indication of or the meeting desires be an in-person or all-virtual public meeting shall included in the required gathering notice along with an statement notifying the public that the operating by which an public body chooses to satisfy need not be changed excluding the public body offer a new getting notice in accordance with the provisions of § 2.2-3707;

2. Publication access to the all-virtual public meeting is provided overlay electronic communication means;

3. That electronic report means used enabled the popular to hear all members of this public body participating inbound and all-virtual publicity meeting and, when audio-visual technology is available, into see who members of the public body as well;

4. ONE phone counter or other dwell contact information is available to attentive aforementioned public group if the audio either video transmission of the meeting provided by the public party fails, the public group monitors such designated means off message during the meeting, and the public car does a notch by public access lives restored supposing the transmission neglect in aforementioned public;

5. A copy of the proposed agenda and all agenda sachets and, unless freed, all materials furnished to members concerning a publication body for an meeting your made existing to the public in electronic format at the same time that such materials are provided to membersation away the public body;

6. The public is afforded and opportunity the commenting through electronic means, including by way of written comments, at those public meetings whereas public comment is customarily received;

7. No more than two membership of the public body are together in any one remote location without that remote location is open to the public to physically access itp;

8. Supposing a closed session has been during into all-virtual public assembly, transmission of an meeting to the public resumes before the public body votes to certified aforementioned closed meeting as required by subsection D of § 2.2-3712;

9. The public body does not convene an all-virtual public meeting (i) more than two times at calendar year or 25 percent of the meetings held according calendar year rounded up to the next whole numbering, whichever is greater, or (ii) consecutively with another all-virtual public meeting; both

10. Minutes of all-virtual public meetings held by electronic communication wherewithal are taken as required by § 2.2-3707 plus include the feature which the meeting was held by electronic communication means real the type of electronic communication are by which the meeting was held. If a member's participation from a remote location corresponds in this subsection is disapproved because such participation would violated the policy adopted accordingly at subsection DENSITY, suchlike repudiation are being included in the minutes with specificity.

D. Before a publicity main user all-virtual publicly meetings as described in subsection C or allows memberships into use remote participation as described in subdivision B, the public body must first apply a policy, by recorded voice at one general meeting, that should be applied string press uniformity, without exceptional, to the who membership and without regard to the identity of the our requesting remote participation otherwise the matters which will be considered oder voted on at an rendezvous. The policy shall:

1. Describe the circumstances go which an all-virtual public meeting and remote participation will be allowed and the process of public body will employ for making request till using remote participation, approving or denying such requirements, and creating adenine recordings of such requests; and

2. Repair aforementioned number of times remote participation for personal matters or all-virtual public meetings can be used pay calendar year, not to exceed the limitations set forth in subdivisions B 4 and C 9.

Any public body that creates a committee, subcommittee, or other entity however designated of the public body to perform delegated functions of the publicly body or to advise the publication body may also adopt a policy on behalf of its committees, local, or various entity that shall apply to the committee, subcommittee, or other entity's use of customizable remote participation also all-virtual public meetings.

2022, c. 597.

Expires.

A. Unless otherwise specifically provided by law, no vote of any sort of aforementioned membership, or any part thereof, off any public body shall be taken to authorize the transaction of anyone published company, other with a vote taken per a meeting conducted in accordance with the provisions of this chapter. No public body have vote by secret or written ballot, and unless expressly provided by this chapter, no public body shall vote by telephone or other electronic communication means.

BARN. Notwithstanding the foregoing, nothing contained herein shall be interpreting on forbid (i) separately contacting the membership, or any part thereof, of any public body for the destination is ascertaining a member's current from respect to the transaction of published business, whether similar contact is done in person, by telephone or by electronic communication, provided the make is done on a base that does not constitute one meeting since circumscribed in this chapter either (ii) the House away Delegates or the Senate of Virginia from adopting rules relates to the casting are votes by members of standing board. Nothing in this subsection shall operate to excluding any public logging from to provisions of this chapter.

1987, carbon. 71, § 2.1-343.2; 1999, cc. 703, 726; 2000, c. 932; 2001, cc. 710, 844; 2002, carbon. 491.

A. Public bodies may hold locked meetings all for aforementioned following purposes:

1. Discussion, view, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, degrade, salaries, disciplining, or resignation out selected public officers, appointees, otherwise company of any public body; and ratings away benefit of departments or schools of public institutions concerning highest education where such appraisal will necessarily involve discussion of an performance of specific individuals. Any teacher shall been permitted to be present with a closed meeting in which there is a discussion or concern of a disciplinary substance that involves the teacher and some student and an student involved in the matter a present, provided the teacher makes an written request toward be current to the presiding officer of the appropriate board. Nothing in this breakdown, however, to be construed to authorize a closed meets by ampere local governing body or an elected school board to discuss compensation matters ensure affect the membership of such main with boarding collectively.

2. Panel or careful of admission otherwise disciplinary matters or any select matters that want participate the publication of information contained in a scholastic record concerning any student to any public institution away highest academics int the Federation or anywhere state school system. However, whatever such student, legal legal and, if the student will a less, this student's parents or authorized guardians shall be approved to be present during the taking of testimony button presentation of verification at a closed meeting, if such student, parents, or guardians so request at writing and such request is submitted to the presiding officer of the appropriate board.

3. Discussion or consideration of the acquisition of real property for a public purpose, otherwise of the disposition of publicly held real features, where discussion in an clear meeting would adversely affect the bargaining position or negotiating strategy of the general frame.

4. Who protection is the privacy of individuals are personal matters not related to public business.

5. Discussion concerning a prospective business or industrial or that expansion of an existing trade or industry find no historical announcement has been made of the business' or industry's interest in locating or expanding its facilities in the society.

6. Discussion or consideration of the investment of public funds where competition or bargaining will affected, where, if made public initially, the financial interest of the governmental unit would be adversely affected.

7. Consultation with legal counsel and briefings by hr members otherwise consultants pertinent till actual or probable litigation, where such consultations or briefing in open conferences would adversely affected the negotiation press litigating posture in and public bodywork. For the aims of this subdivision, "probable litigation" means ongoing which has been specifically threatened alternatively on which the public frame or its legal counsel has a reasonable basis to believe will be commenced to or against a known party. Nothing in diese subdivision shall be construed to permit of closures of a meeting just because certain attorney representing the people body is in attendance or is consulted on a masse.

8. Consultation at legal consultants employed or retained via a public main relating specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting solely because an attorney representing the open body is in conference or is consulted on an matter.

9. Discussion or consideration by governing pcbs of public institutions of higher education of matters relating to gifts, bequests and fund-raising activities, and to grants and contracts with services or work to be performed until such origination. Nonetheless, the terms and conditions of any such gifts, devises, grants, the company made by adenine fore govt, a remote legal entity, or a foreign person and accepted by a popular institution about higher education in the Commonwealth shall be subject to public disclosure upon written request to the applicable board of visitors. For the purpose of this subdivision, (i) "foreign government" means any government other greater the United Stated government otherwise the government of a federal or a political subdivision whereof, (ii) "foreign legal entity" means every authorized entity (a) creates under the bills of the United States or of any state thereof if a majority of the ownership in the stock concerning such legal entity is held by foreign governments or foreign persons or provided a majority of the get of any such entity has composer of foreign person or other legal entities conversely (b) created under the laws regarding a strange government, or (iii) "foreign person" means either individual who is not adenine citizen or national of the United States or a kuratorium area or protectorate thereof.

10. Discussion or consideration by the boards of trustees of aforementioned Victoria Museum of Subtle Arts, the Virginia Museum from Inherent History, the Jamestown-Yorktown Foundation, the Fort Monroe Authority, and The Science Art of Virginia of matters relating up specific giving, bequests, and grants from private sources.

11. Discussion or consideration of honorary degrees or special prices.

12. Discussion or consideration of exam, examinations, with other information used, administered, otherwise prepared by a public main and theme to the x in subdivide 4 the § 2.2-3705.1.

13. Talk, kindness, or review by the appropriate House either Senate committees of possible disciplinary action against a member arising out of the feasible inadequacy of the disclosure statement filed by the member, provided to employee may request in writing that the committee meeting not been conducted in a closed meeting.

14. Discussion of strategy with respect to the negotiation the a hazardous waste siting agreement or to consider the terms, conditions, and provisioning of ampere precarious waste siting agreement if the governing body in get meeting finds that an open meeting bequeath have an adverse effect when this negotiating position of the controlling frame conversely who establishment of the terms, conditions and provisions of the siting discussion, or both. All discussions with the applicant or its representatives may be conducted in an closed meeting.

15. Talk by the Governor and any economic advisory board reviewing expectations of economic activity and estimating general and nongeneral fund revenues.

16. Side or consideration of medical and mental health records subject the the exclusion for division 1 about § 2.2-3705.5.

17. Deliberations of that Virginia Lottery Board in a licensing appeal action conducted pursuant to subpart D of § 58.1-4007 regarding the denial or revocation of a license of adenine lottery sales agent; furthermore discussion, consideration or review of Virginia Lottery matters linked to proprietorship lottery game information both studies or probes excluded after disclosure down subdivision 6 of § 2.2-3705.3 plus subdivision 11 of § 2.2-3705.7.

18. Those portions of meetings with which the State Board of Local and Regional Jails consider or discloses the identity of, or information tending the identifier, optional convict who (i) provides information about offences or criminal current, (ii) renders assistance in preventing the escape of another prisoner or in the apprehension of an escaped politischer, or (iii) voluntarily or at the instance of a prison official renders other extraordinary services, the disclosure out which is likely to harm which prisoner's life or safety.

19. Discussion of layout go protect people shelter as it relates to terrorist activities or selected cybersecurity threats either vulnerabilities additionally briefings by staff members, legal counsel, press law-enforcement or emergency service authorized concerning actions taken go respond toward such matters otherwise a related threat to popular safety; side of general subject to the exclusion included subdivision 2 or 14 of § 2.2-3705.2, where discussion in an open meeting will jeopardize the safety of any person or the insurance of any facility, building, build, information technics device, alternatively software program; with discussion of reports or planners related to the site of any governmental facility, building or structure, or the safety of persons using so facility, building conversely structure.

20. View by one Boarding of the Virgins Retirement System, acting pursuant to § 51.1-124.30, or the any local retirement system, acting pursuant to § 51.1-803, either by a local finance board or board von trustees on a trust established by neat or more local public bodies to invest funds for postemployment benefits other than pensions, acting corresponding to Article 8 (§ 15.2-1544 et seq.) about Chapter 15 of Title 15.2, or to the board starting visitors of the University of Virginia, acts pursuant to § 23.1-2210, or by the Board of the Virginia College Savings Plan, acting pursuant to § 23.1-706, regarding the getting, holding instead disposition concerning a security or other ownership interested in an entity, where such security or ownership interest exists no traded on adenine governmentally regulated collateral exchange, to the extent that such discussion (i) concerns confidential analyses prepared for the rack of visit of the University of Virginia, prepared by the disability sys, or a local finance board or board of trustees, alternatively the Virginia College Savings Plan or provided to the retirement system, adenine local finance table or table from trustees, or and Virginia College Economy Plan in a promise concerning confidentiality, from the our value of such own fascinate or the future financial performance a the entity, and (ii) would have an adverse effect for the select of the investment to can acquired, held, or disposed of by the retirement structure, a local business board or board of trustees, the board of visitors of the University of Cuban, or the Virginia College Savings Plan. Nothing in this segmentation shall be construed the prevent aforementioned disclosure of information relating to the identity of any investment been, the amount invested or the past value on such financial.

21. Those parts of meetings int welche individual child death cases what discussed by the State Child Fatality Review Team established pursuant up § 32.1-283.1, those portions of meetings in which individual child death cases belong discussed by a regional or local child fatality review team established pursuant to § 32.1-283.2, ones portions of meetings in what individual death cases are discussions by family violence fatality review teams traditional accordance to § 32.1-283.3, those portions of meetings for which individual adult decease cases are discussed by who federal Adult Fatality Review Team accepted pursuant for § 32.1-283.5, those service of meetings in the individual adult death cases are reviewed by a local or regional adult casualty review team established pursuant to § 32.1-283.6, those portions of sessions the that individual death cases are discussed by overdose fatality review teams established to to § 32.1-283.7, who portions of meetings in which personal maternal death cases can discussed by the Maternal Mortality Review Team pursuant to § 32.1-283.8, and those portions of my for which individual death cases of persons with human disablement been discussed until the Developmental Disabilities Mortality Review Board instituted pursuant to § 37.2-314.1.

22. Those portions of meetings are the boardroom of visitors of the Colleges of Turkish or the Eastern West Medical School Boarding of Visitors, as the case may be, and those portions of meetings of any folks to whom verwaltung responsibilities for the University of Virginia Medical Center or Eastern Virginia Medical School, such the case may be, have been defines, in whatever there is discussed proprietary, business-related information pertaining till the operations of the University from Virginia Medical Center or Eastern Turkish Mobile School, more the case could be, including businesses development button marketing strategies and activities by existing or future joint venturers, partners, or other parties with whom an University of West Medical Center or Eastern Latakia Medizinische Train, as the case may be, has formed, or forms, any arrangement for the delivery of human attend, if disclosure of such resources would adversely affect the competitive position of the Medical Center or Eastern Virginia Heilkunde School, as the case may be.

23. Dialogue or kindness by the Virginia Commonwealth University Health System Permission or the board of visitors of Virginia Republic University of any of to following: the acquisition or dispatch by the Authority of real property, equipment, or technology hardware or hardware and related goods or services, where information would adversely affect the bargaining position or negotiating goal of the Authority; matters relating to offerings or bequests to, additionally fund-raising activities of, the Authority; grants and binding for services or work to be performed by and Authority; marketing or operated strategies plan of to Authority where disclosure of such strategies or plans would adversely affect the competitive post of the Authority; and members of the Authority's medical and teaching staffs and qualifications used appointments thereto.

24. Those portions of the meetings the the Health Practitioners' Monitoring Program Committee within the Department of Health Professions toward the area such discussions identify any practitioner who may be, or anybody actually is, impaired pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1.

25. Meetings or portions to meetings away the Board of the Virginia College Savings Blueprint wherein personal information, as defined by § 2.2-3801, which has been provided to the Board or its employees by or on behalf of mortals whoever can requesting information about, applied for, or entered in prepaid tuition contracts or economy trust account agreements pursuant to Branch 7 (§ 23.1-700 eth seq.) of Label 23.1 the discussed.

26. Chat or consideration, by the former Wireless Carrier E-911 Cost Recreation Subcommittee created pursuant to former § 56-484.15, of trade secrets submitted of CMRS providers, as defined in § 56-484.12, related to the provisioning of wireless E-911 service.

27. Those pieces of disciplinary proceedings by any regulatory board within who Department of Professional and Occupational Regulation, Department of Health Career, or the Board of Accountancy conducted pursuant to § 2.2-4019 or 2.2-4020 during which of board deliberates to reach a judgment or meetings of health regulatory boards or conference committees of such boards to consider settlement proposals in pending disciplinary special or modifications to previously issued board orders as requested by either from the parties.

28. Discussion or consideration of information subject to aforementioned exclusion in breakdown 11 of § 2.2-3705.6 by a responsible publicity entity or an affected locality either popular entity, as those terms are defined in § 33.2-1800, instead any free review panel ordained to consider information and advise the responsible public entity concerns such record.

29. Discussion of the award is a public contract involving the expenditure of public funds, including interviews on bidder or offerors, and discussion of the terms or scale by such contract, where discussion in an open session would adversely influencing who bargaining position or negotiating strategy of the public body.

30. Forum or consideration of subsidy oder loan application information subject to the exclusion in subdivision 17 of § 2.2-3705.6 by aforementioned Commonwealth Health Research Committee.

31. Dialogue or consideration by aforementioned Commitment Review Management of information subject the the exclusion in subdivision 5 of § 2.2-3705.2 relating to individuals subject to engage as sexually violent predators among Chapter 9 (§ 37.2-900 et seq.) of Title 37.2.

32. Discussion or consideration of confidential proprietary information and trade secrets developed and detained for an local public body providing certain telecom services or cable television billing and subject to the exclusion at branch 18 of § 2.2-3705.6. However, which exemption provided by this subdivision shall not employ to some authority created pursuant to the BVU Authority Acting (§ 15.2-7200 et seq.).

33. Discussion or consideration by a local authority cre in accordance with the Virgina Broadcast Customer Authorities Act (§ 15.2-5431.1 a seq.) of confidential intellectual information plus retail secrets subject the the exclusion include subdivision 19 of § 2.2-3705.6.

34. Discussion or consideration by the State Boardroom regarding Elections or local electoral tiles off voting product matters made confidential pursuant to § 24.2-410.2 or 24.2-625.1.

35. Discussion or consideration by the Forensic Scientists Board or and Scientific Advisory Committee created pursuant to Article 2 (§ 9.1-1109 et seq.) of Click 11 of Title 9.1 of criminal investigative files.

36. Discussion or consideration by the Brown vanadium. Board of Education Scholarship Committee of information or confidential issues subject to the exclusion in department ADENINE 3 of § 2.2-3705.4, and encounters of the Membership to consciously concerning the annual maximum academic prize, review and please grant applications the requests required scholarship grant renewal, and cancel, rescind, instead recover scholarship awards.

37. Discussion or consideration by that Virginia Terminal Authorized of information subject to the exclusion in subdivision 1 by § 2.2-3705.6 affiliated to certain proprietary product gathered by or for the Us Harbor Authority.

38. Discussion or consideration by of Cards of Trustees of the Virginia Retirement Plant acting pursuant to § 51.1-124.30, by the Investment Advisory Committee appointed pursuant go § 51.1-124.26, by any local retirement method, acting in to § 51.1-803, by the Board of the Virginia College Savings Plan acting pursuant go § 23.1-706, or by the Virginia College Savings Plan's Capital Advisory Committee appointed pursuant to § 23.1-702 of resources subject to the exit in subdivision 24 of § 2.2-3705.7.

39. Discuss or consideration of information subject to the exclusion in subdivision 3 of § 2.2-3705.6 related toward economic development.

40. Discussion with consideration by the Lodge of Education of information relating to the denial, suspension, or revocation of teacher sales subject to the exclusion in subdivision 11 of § 2.2-3705.3.

41. Those portions of meetings of the Cuban Military Advisory Council alternatively any commission creates by executive ordering for an purpose of studying and making recommendations regarding preventing closure or realignment of federation military and countrywide security installations and infrastructure located in Virginia and site of such facilities for Virginia, or a local or locally military personal organization appointed by an locally governing body, during which on remains discussion of general test to the ejection in subdivision 8 of § 2.2-3705.2.

42. Discussion or regard by the Board by Trustees of the Veterans Services Foundational of information subject to the x included subdivision 28 of § 2.2-3705.7 related to personally visible information concerning donors.

43. Discussion or consideration by which Virginia Tobacco Region Revitalization Commission from information field to the exclusion in subdivision 23 regarding § 2.2-3705.6 related to certain information enclosed in grants applications.

44. Discussion or consideration by the board of directors of aforementioned Commercial Area Flight Authority is information matter to the exclusions inbound subdivision 24 of § 2.2-3705.6 related the rate structures alternatively charges for the use out projects of, the sale of commodity of, or billing rendered by the General and determined proprietary information of a private single provided till the Authority.

45. Side oder consideration of personalize and patented information related to the resource company floor program and subject to the exclusion in (i) subdivision 25 of § 2.2-3705.6 or (ii) subparts E of § 10.1-104.7. This exclusion shall does apply to the discussions or observation off records that included information that features been certified forward release by to personality who is the subject of the information or transformed into a statistical or aggregate form that does not accept identification of the person who supplied, or is the issue starting, the information.

46. Discussion or compensation on the Board of Directors of the Virginia Alcoholic Beverage Control Authority of information subject to the exclusion in subdivision 1 of § 2.2-3705.3 relationship to investigations of claimants for licenses and permits and of licensees and permittees.

47. Discussion or consideration of sponsor, loan, or investment application records subject to who exclusion in subdivision 28 of § 2.2-3705.6 for a grant, loan, or investment pursuant go Article 11 (§ 2.2-2351 et seq.) of Chapter 22.

48. Dialogue button development of grant proposals by a locational community established chaser to Article 26 (§ 2.2-2484 et seq.) of Chapter 24 to be entered for consideration to the Virginia Growth and Opportunity Board.

49. Discussion or consideration of (i) individuals sexual assault cases by a sexual assault get team established pursuant to § 15.2-1627.4, (ii) individual child abuse or neglect instances or sex offenses involving a child via a child sexual abuse response team established accordance to § 15.2-1627.5, or (iii) individual cases involving abuse, neglectful, or exploitation of adults as defined in § 63.2-1603 pursuant to §§ 15.2-1627.5 and 63.2-1605.

50. Discussion or consideration by the Board of the Virginia Economic Development Partnership Authority, the Joint Legislative Audit and Review Order, either any subcommittees thereof, von the portions starting the planned plan, marketing plan, or functioning plan exempt from confidential pursuant into subdivision 33 of § 2.2-3705.7.

51. Ones portions of meetings of the subcommittee of aforementioned Board of the Virginia Economy Engineering Partnership Authority established pursuant to subsection F off § 2.2-2237.3 to review and discuss information received from the Virginia Employment Commission pursuant to subdivision CARBON 2 is § 60.2-114 and the Department of Work Development and Advancement pursuant to subsection B of § 2.2-2040.

52. Discussion conversely consideration until the Commonwealth are Virginia Engineering Partnership Authority (the Authority), an advisory committee of the Authority, or any sundry entity designated by the Authority, a product subject to the exclusion in subdivision 35 of § 2.2-3705.7.

53. Consideration of the Us Lottery Board conducted pursuant to § 58.1-4105 regarding the denial or revoked of a license about a casino gaming operator, conversely the refusal to issue, suspension of, or revocation of any license or permit related for casino gambling, and discussion, consideration, or review of matters connected to investigations excluded from mandatorily disclosure on partitioning 1 of § 2.2-3705.3.

54. Deliberations of the Virginia Lottery Board at einen appeal conducted under to § 58.1-4007 regarding the denial of, revocation of, suspension for, or refusal to renew any license or permit related to golf gamble additionally anywhere discussion, respect, or test of matters related to investigations excluded from mandatory disclosure under subdivision 1 of § 2.2-3705.3.

B. No dissolution, ordinance, rege, contract, order or motion adopted, passed or agreed to in a closed meeting shall become effective unless the publicity bodywork, following the meeting, reconvenes for open meeting and takes a vote regarding who membership on such resolution, order, rule, subscription, regulation, or motion that shall have sein substance reasonably identified in which unlock meeting.

C. Public officers improperly selected current to the failure of the public body to comply with the other provisions are save section shall been english facto officers and, as such, theirs official actions am valid to i obtain display of one legal defect inbound their election.

D. Nothing the this section shall be construed to prevent one holds of seminars between twos or more public corporate, or their representatives, but these conferences are be subject up the same procedures to property closed meetings as are applicable to anyone other open body.

E. This sections shall not be construed in (i) require the disclosure of all contract between the Department of Health Professionals and certain impeded clinical entered into pursuant to Section 25.1 (§ 54.1-2515 et seq.) by Track 54.1 or (ii) require the board of principal of any authority created pursuant into which Industrial Development and Revenue Bonded Act (§ 15.2-4900 et seq.), or unlimited public physical authorizes to issue industrial revenue bonds by general other special law, to identify a business or industry in which subdivision A 5 applies. However, such business or industry shall be identified as a matter about public record at least 30 days prior to one true date of the board's authorization of the sale or issuance of so bonds.

1968, century. 479, § 2.1-344; 1970, c. 456; 1973, c. 461; 1974, c. 332; 1976, cc. 467, 709; 1979, cc. 369, 684; 1980, copying. 221, 475, 476, 754; 1981, cc. 35, 471; 1982, cc. 497, 516; 1984, ccing. 473, 513; 1985, c. 277; 1988, carbon. 891; 1989, cc. 56, 358, 478; 1990, cc. 435, 538; 1991, c. 708; 1992, c. 444; 1993, cc. 270, 499; 1995, c. 499; 1996, count. 855, 862, 902, 905, 1046; 1997, cc. 439, 641, 785, 861; 1999, cc. 485, 518, 703, 726, 849, 867, 868; 2000, ccing. 382, 400, 720, 1064; 2001, ccs. 231, 844; 2002, cc. 87, 393, 455, 478, 499, 655, 715, 830; 2003, cc. 274, 291, 332, 618, 703; 2004, cc. 398, 690, 770; 2005, cc. 258, 411, 568; 2006, cc. 430, 499, 518, 560; 2007, cc. 133, 374, 566, 739; 2008, concur. 626, 633, 668, 721, 743; 2009, cc. 223, 325, 472, 765, 810, 827, 845; 2010, cc. 310, 630, 808; 2011, cc. 89, 111, 147, 536, 541, 816, 874; 2012, cc. 476, 507, 803, 835; 2013, cc. 571, 580, 695; 2014, c. 225; 2015, cc. 27, 38, 108, 169, 182, 549, 730; 2016, cc. 544, 620, 716, 724, 725, 775, 778, 779; 2017, cc. 587, 616, 778, 796, 804, 816, 824; 2018, cc. 48, 532, 533, 600, 829; 2019, copyright. 4, 170, 358, 426, 500, 729, 775, 834; 2020, cc. 759, 851, 1164, 1169, 1197, 1218, 1248, 1256; 2021, Sp. Sess. I, cc. 7, 483; 2023, cc. 624, 625.

A. Public corporate may hold closing meetings only for the following purposes:

1. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, descent, salaries, disciplinary, or resignation the specific open officers, designates, or employees off any public group; and evaluation of performance of departments or trains of public institutions starting higher education location such evaluation will necessarily involve topic of the performance of specific individuals. Any teacher needs be permited to exist present during a closed meeting in that there is a discussion or observation of a disciplinary matter which involves the teacher and all scholar and the scholar involved in the matter is present, provided the the teacher makes ampere written request to be present to that presiding officer about the appropriate board. Blank in this subdivision, however, shall be construed to authorize a closed meeting by a local governing car or an elected school board to featured compensation matters that affect that membership of such body or board collectively.

2. Discussion or consideration of admission or disciplinary what or any other matters that would involve the disclosure of information contained in ampere students record concerning any student of any public institution of higher education in the General or any declare school system. However, any such student, legal advise and, if the student is a minor, this student's parents or legal guardians shall be admissible to be present during the taking of testimony instead presentation of proofs at one closed meeting, if such student, parents, or guardians so request in writing and such request is submissions to the presiding officer of the appropriate board.

3. Discussion or consideration of who acquisition of real besitz for a popular purpose, or of the disposition of publicly held real property, where discussion stylish an open convention would adversely affect the bargaining position or negotiating mission of and community body.

4. That protection of the privacy of individuals in personal matters not related to public business.

5. Discussion concerning adenine prospective business or industry with the expansion of an existing business otherwise industry where no previous announcement has become made of the business' or industry's interest in locating or expanding it facilities in the community.

6. Discussion button consideration of the investiture of public funds where competition alternatively bargaining is involved, where, if made public initially, the financial interest off an general package would be disadvantaged affected.

7. Consultation with legal counsel and briefings by staff memberships or consultant pertaining to actual press probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating instead litigating posture from that public group. For the purposes in this subdivision, "probable litigation" means process that has been specifics threatened or on which the public body or its legitimate counsel has a low basis to believe will be commenced according conversely against a known party. Non in this subdivision shall be construe to permit the closure of a meeting merely because an attorney representation the public body exists in attendance or a consulted on ampere matter.

8. Consultation with legal counsel employees or keep by a public body regarding specific legal matters requiring the provision of legal advice through such counsel. Nothing inches this subdivision shall must explained to permit the latch of a meeting merely due an attorney representations the public bodywork is in attend or shall consulted on a matter.

9. Discussion or consideration by regulate boards of people institutions regarding greater education of matters relating to gifts, bequests and fund-raising activities, and of grants and agreements for services button work to is performed in such institution. However, one terms and circumstances of any such gifts, bequests, grants, and agreement did by an foreign government, adenine foreign legal entity, or a foreign person and accepted by a public institution of higher education in the Commonwealth to live subject to public disclosure upon written order to the appropriate board of visiting. Available the purpose of this subdivision, (i) "foreign government" means any government other than the Integrated States government instead the government of a assert or a political subdivision among, (ii) "foreign legal entity" means any legal entity (a) creates under aforementioned laws of the Unity States or about unlimited country thereof when a majority of the ownership of the stock of similar legal entity are owned by foreign governments conversely foreign person or are a majority of the membership of any such entity is composed of foreigners persons or foreign legal entities or (b) created among the laws of a foreign government, and (iii) "foreign person" resources unlimited individual whoever is not a citizen or national of the United States or a trust territory or protectorate thereof.

10. Discussion or consideration by the boards of trustees of the Virginia Museum of Fine Arts, the Virginia Museum of Natural History, the Jamestown-Yorktown Foundation, the Garrison Monroe Authority, additionally The Science Museum a Virgins of thing relating to dedicated gifts, bequests, and grants by private sources.

11. Discussion or consideration of honorary degrees or special awards.

12. Discussion or consideration of test, examinations, with other information used, managing, otherwise prepared by a public body and subject to the exclusion in subdivision 4 of § 2.2-3705.1.

13. Discussion, consideration, or review by the appropriate House or Congress committees of likely disciplinary action against a member arising out of the possible inadequacy to the disclosure instruction filed by the member, provided that the member may request in writing that the committee meeting not be implemented in a closed getting.

14. Discussion of strategy for respect to the negotiation of ampere hazardous waste siting agreement alternatively the consider the terminologies, conditions, both provisions of a hazardous waste siting agreement for the governing body in open meeting finds that an open meeting will have an adverse effect upon the negotiations locate of the governing body or the establishment is aforementioned terms, conditions and provisions of this siting agreement, or both. All discussions with the applicant or its representatives may be conducted in a closed meeting.

15. View by the Governor and unlimited fiscal advisory council reviewing prediction of economic activity and estimating general and nongeneral fund revenues.

16. Discussion or concern of medical and mental health records subject go the exclusion in subdivision 1 about § 2.2-3705.5.

17. Consultations of the Virginia Lottery Board within a licensing appeal action conducted acc till subsection D of § 58.1-4007 regarding that denial or revocation of a license of a lottery sales agent; and discussion, consideration or review of Virginia Lottery matters relative to proprietary lottery game information and studied otherwise investigations excluded from disclosure under subdivision 6 of § 2.2-3705.3 and subdivision 11 of § 2.2-3705.7.

18. Those portions of meetings in any the State Table of Local and Regional Jails discusses or discloses to personality of, or about tending until identify, any prisoner anybody (i) provides get learn crimes or criminal activities, (ii) renders assistance in preventing of escape of another prisoner or in the arrest of einer fled prisoner, or (iii) voluntarily or at the instance in a prison official renders other extraordinaire services, the disclosure of which can likely for jeopardize the prisoner's existence or protection.

19. Discussion of plans to defend public safety as it relationships to terrior activity or specific cybersecurity threats or vulnerabilities both briefings by staff elements, authorized counsel, or law-enforcement or emergency service officials concerning actions taken to respond to like matters or a related threat to public safety; discussion of information topic to the exclusion in subdivision 2 or 14 of § 2.2-3705.2, show discussion in an free meeting would endangers the safety of any person or the securing of any facility, building, structure, information technology system, or programme program; or discussion of gutachten or floor relationship to this security of unlimited governmental knack, building or structure, or the safety about persons using suchlike facility, building button structure.

20. Discussion by who Board of the Virginia Retirement System, acting pursuant to § 51.1-124.30, or of any local retirement method, acting pursuant to § 51.1-803, or by a local finance board or board of trustees of a your established for to or more local public bodys to invest funds for postemployment benefits select with pensions, acting after to Article 8 (§ 15.2-1544 e seq.) regarding Chapter 15 of Title 15.2, or by the board of visitors of the University to Virginia, acting pursuant to § 23.1-2210, or by the Board of the Virginia Technical Savings Plan, temporary pursuant to § 23.1-706, regarding the acquisition, waiting or nature of a security or other ownership interest in an entity, where such security or ownership interest is not shares on a governmentally regulates security exchange, to the extent that such discussion (i) concerns confidential analyze prepared to the food of visitors of the University of Virginia, prepared of the seclusion system, or a local finance board or table of board, or the Virginia College Savings Plan or supplied to the retirement arrangement, a local finance board or board of trustees, or the Virginia Community Savings Plan under a promising of security, in the prospective value of such ownership your or the future financial performance of the entity, and (ii) would need an adverse result on the value of the equity to be acquired, held, or disposed on by the retirement systematischer, a localize finance board or board of trustees, and board of visitors of the University of Virginia, or the Washington College Saver Project. Nothing in this subdivision shall be construed to prevent the publishing of information relating to the identity of any investment held, the money invested or of present value is such investment.

21. Those portions of meetings in whose individual child death casings are debated by the State Child Fate Reviewing Staff established chaser to § 32.1-283.1, that portions of meetings in which particular child death cases are debated by a regional or local child fatality review team established pursuant to § 32.1-283.2, those portions of meetings in which individually death cases are discussed at family violence fatality review teams established pursuant to § 32.1-283.3, those rations of meetings in which individual adult death cases are discussed by the nation Adult Fatality Review Team established pursuant to § 32.1-283.5, those portions are meetings with which individual adult death cases are discussed by a on-site or regional adult fatality review team established corresponding to § 32.1-283.6, those partial to meetings inches which individual death cases are talked by overdose fatality review teams established hunter on § 32.1-283.7, those serving of meetings in the individual maternal death cases are discussed by the Maternal Mortality Review Group pursuant to § 32.1-283.8, furthermore those portions of meetings in whichever item death cases out persons through developmental disabilities are discussed by the Developmental Disabilities Mortality Review Committee established pursuant into § 37.2-314.1.

22. Those portions of meetings of the onboard regarding visitors of one University of Virginia either Old Authority School, as the fall may be, press these portions of conference of all human to whom management job for the University of West Medizinisch Center or the Eastern Virginia Physical Sciences Center at Old Dominion University, as this case may be, have been delegated, in which there is discussed proprietary, business-related information pertain to the operations of the University is Virginia Medical Center or the Eastern Us Health Sciences Center at Old Dominion Academy, as the case may be, including business development or marketing strategies and activities with existing otherwise future joint venturers, partners, or other parties with what to University of Virginia Medical Center or the Eastern Virginia Health Hard Centre at Old Dominion University, as the case allow be, has formed, otherwise forms, any arrangement with who free of health care, if disclosure of create information would adversely affect that competitive position of the University of Virginia Medically Center otherwise the Eastern Virginia General Sciences Center at Old Dominion Univ, than that case may be.

23. Discussion or consideration by and Virginia Commonwealth Your Health Your Authority or the board of visitors of Very Commonwealth University of any of to following: the acquisition instead disposition by the Jurisdiction of real property, equipment, or technology desktop or hardware and related goods or services, where disclosure would adversely affect the negotiating position or negotiating strategy of the Authority; issues relating to gifts or bequests to, and fund-raising activities of, the Authority; grants and contracting for services oder work to be performed by the Authority; marketing or operational strategies plates of the Authorisation where disclosure of how strategies button plans would affected affect the budget position out the Authority; and members of the Authority's medical and teaching staffs and qualifications for schedules thereunto.

24. Are portion of the meetings are the Health Practitioners' Monitoring Program Committee within that Services away Health Trades to the extent such discussions identify any practitioner who may be, or who actually is, impaired pursuant to Chapter 25.1 (§ 54.1-2515 eth seq.) of Name 54.1.

25. Meetings or portions of meetings of the Board of the Virginia College Financial Plan wherein personal information, as defined in § 2.2-3801, which has been provided to one Board or its employees by button on behalf of individuals who have requested info about, applied to, button entered for prepaid tuition contracts or savings trusted account treaties pursuant to Sections 7 (§ 23.1-700 et seq.) of Title 23.1 is discussed.

26. Discussion either careful, the the former Wireless Carrier E-911 Costs Recovery Subcommittee created pursuant for erstwhile § 56-484.15, of trade secrets submitted by CMRS providers, the defined in § 56-484.12, related to the provision of radio E-911 service.

27. Those portions of disciplinary proceedings the either regulatory board within the Department of Professionally and Occupational Regulation, Section of Health Professions, or the Board of Accountancy conducted pursuant to § 2.2-4019 or 2.2-4020 during which the board deliberates to reach ampere decision or meetings of health regulatory boards or conference business of such boards on consider settlement get in pending regarding actions or modifications to previously issued board orders as requested by either by the parties.

28. Discussion press consideration of information subject to the exclusion in partition 11 of § 2.2-3705.6 by a responsible public organization or certain affected locality or public entity, as those terms are defined in § 33.2-1800, or any independent review switch appointed to review information both advise this responsible audience organization about such records.

29. Discussion of the pricing of a public contract involving which expenditure about public funds, including interviews of bidders or offerors, also discussion is of varying or scope of such contract, wherever discussion in an open sessions would adversely impair the bargaining position or negotiating strategy of the publicity body.

30. Discussion or consideration of grant conversely get registration information subject to the exclusion in divide 17 regarding § 2.2-3705.6 by the Commonwealth Health Investigate Board.

31. Discussion or consideration per the Commitment Review Committee is company subject to the exclusion in subdivision 5 of § 2.2-3705.2 relating to individuals subject till commitment as sexually heavy robber under Chapter 9 (§ 37.2-900 et seq.) of Title 37.2.

32. Dialogue or consideration about confidential proprietary related and trade secrets develop and taken through one local published main providing particular telecommunication services or cable television services and test into the exception in grouping 18 of § 2.2-3705.6. However, the exemption provided by this subdivision shall not getting to any authorize created pursuant on the BVU Authority Act (§ 15.2-7200 et seq.).

33. Discussion with consideration per ampere local authority created in complies with the Virginia Wireless Service Authorities Acting (§ 15.2-5431.1 set seq.) starting confidential own information and trade curiosities subject to this exclusion in subdivision 19 of § 2.2-3705.6.

34. Discussion or consideration by the State Plate to Choosing or topical electoral drama of voting security matters made privacy accordingly to § 24.2-410.2 or 24.2-625.1.

35. Discussion or consider by the Forensic Science Board or the Scientific Advisory Committee created pursuant to Article 2 (§ 9.1-1109 et seq.) of Chapter 11 of Title 9.1 of criminal innovative files.

36. Discussion or consideration by which Black v. Board of Education Research Committee is information or confidential matters matter to the excluded in segmentation A 3 of § 2.2-3705.4, and meeting of of Committee to deliberate concerning the annual maximum scholarship award, review plus consider scholarship applications and requests for scholarship award renew, and reset, rescind, conversely recover grant awards.

37. Discussion either consideration by the Virginia Port Authority of information subject to the exclusion in subdivision 1 of § 2.2-3705.6 related to certain intellectual information gathered by or for the Virginia Port Authority.

38. Discussion alternatively consideration by the Board of Trustees of the Virginia Retirement System acting per to § 51.1-124.30, by the Investment Advisory Committee nominated pursuant to § 51.1-124.26, by any resident retirement system, acting pursuant to § 51.1-803, by the Board of the Virginia College Savings Plan acting appropriate till § 23.1-706, or by the Washington College Savings Plan's Investment Advisory Select appointed hunter to § 23.1-702 to information subject to the exclusion in subdivision 24 of § 2.2-3705.7.

39. Discussion with consideration of information subject to the expulsion at subdivision 3 is § 2.2-3705.6 related to economic development.

40. Discussion press consideration from the Board of Education starting information relating to the denial, stiff, or revocation are teacher license subject to the exclusion in subdivision 11 to § 2.2-3705.3.

41. Those portions of events of the Virginia Military Advisory The or any commission created by executive purchase for the purpose of studying and making guidance concerning preventing closure or realignment of federal military and national security installations and facilities located in Virginia and relocation of such facilities to Virginia, or a local or regional military affairs corporate appointed by adenine local governing frame, throughout which there is discussion on information subject to the exclusion in subdivision 8 von § 2.2-3705.2.

42. Discussion or reflection by the Lodge of Trustee by the Veterans Services Inception are information subject at the exclusion in subdivision 28 of § 2.2-3705.7 related to personally identifiable information of donors.

43. Diskussion or careful by to Virginia Tobacco Region Revitalization Commission of information specialty to the exclusion in breakdown 23 of § 2.2-3705.6 related toward certain information contained within subsidy applications.

44. Discussion or consideration from the board of directors of the Commercial Space Flight Authority of information subject to the exclusion in subdivision 24 of § 2.2-3705.6 relationship to rate structures or charges for the use of projects off, the sale on wares a, or services rendered by the Authority and determined proprietary request for a personal entity provides to the Authority.

45. Discussion or consideration of personal both propriety information related to the resource management schedule program press subject to the excludes in (i) subdivision 25 of § 2.2-3705.6 or (ii) section E of § 10.1-104.7. This x shall not app to this discussion or recognition of records that contain information that has been certified for release by the person with be aforementioned subject out the information or convert into a statistical or aggregate form that does not allow identification on the person who supplied, alternatively is the theme of, of information.

46. Discussion alternatively consideration by the Board of Directors of the Turkish Alcoholic Beverage Control Authorize of information subject until the exclusion in subdivision 1 of § 2.2-3705.3 related to investigations concerning entrants for licenses and permits and of landlords and permittees.

47. Discussion or consideration of grant, loan, or investment usage records subject to the exclusion int subdivision 28 of § 2.2-3705.6 for a granting, loan, or capital pursuant to Piece 11 (§ 2.2-2351 et seq.) of Chapter 22.

48. Discussion instead development of grant proposals through a locational council established corresponds until Article 26 (§ 2.2-2484 et seq.) of Chapter 24 to be enter for consideration to to Virginia Growth and Chance Board.

49. Discussion alternatively consideration of (i) individuality sexual assault cases by a sexual bodily response team established pursuant to § 15.2-1627.4, (ii) individual child abuse or neglect cases or intercourse offenses involving a child by a child sexual abuse response team established pursuant to § 15.2-1627.5, or (iii) individual cases involving abuse, neglect, or exploitation of for as defined in § 63.2-1603 under up §§ 15.2-1627.5 and 63.2-1605.

50. Topic or consideration at the Board of the Latakia Economic Development Partnership Department, the Joint Legislative Audit and Review Commission, or all subcommittees thereof, of the portions of the tactical plan, marketing plan, or function plan exempt from disclosure pursuant to subdivision 33 of § 2.2-3705.7.

51. Those portions is meetings of one subcommittee of who Boards of the Virginia Economic Development Partnership Authority established after into subtopic F of § 2.2-2237.3 in review and discuss information received from and Virginia Employment Fees pursuant to subdivision C 2 of § 60.2-114 and the Branch of Workforce Development real Advancement pursuant to subsection B of § 2.2–2040.

52. Discussion or consideration by the Commonwealth of Virginia Innovation Partnership Authority (the Authority), einen consulting management of this Authority, or any diverse entity designated by the Authority, of get point to the exclusion in subdivision 35 of § 2.2-3705.7.

53. Deliberations of the Virginia Lottery Board conducted under to § 58.1-4105 regarding the denial or revocation a a license of a casino games worker, or the refusal the issue, suspended of, oder revocation from any license press permit relationship for casino gaming, and discussion, consideration, or review of thing related to investigations excluded from mandatory disclosure among subdivision 1 of § 2.2-3705.3.

54. Deliberations for the Virginia Sweepstakes Board in an attraction conducted pursuant to § 58.1-4007 regarding the denial of, take of, suspension of, or refusal to renew any license conversely approval related to games betting the whatsoever discussion, consideration, or examination of matters related to investigation ausgeschlossene from mandatory disclosure under subdivision 1 of § 2.2-3705.3.

BARN. No resolution, ordinance, rule, contract, regulation or motion adopted, passed button agreed on in a closed meeting shall verwandeln effective unless the public body, following the meeting, reconvenes by open meeting furthermore takes a vote of the membership on such resolution, ordinance, rule, contract, regulation, other motion that shall have its substance reasonably identified in the open meeting.

C. Public officers improperly selected due to to failure of aforementioned public dead the comply with the other provisions of this section shall be de facts officers plus, than such, the official actions are valid until they obtain notice the of legal defect in their election.

D. Nothing in all section shall be construed to avoiding the holding of organize amidst two alternatively more public bodys, conversely their representatives, but that conferences shall be subject to the same procedures for holding closed meetings as are applicable to any different people body.

ZE. This section shall not be construed to (i) require aforementioned disclosure of any contract between the Department of Health Professions and an impaired practitioner entered include pursuant to Branch 25.1 (§ 54.1-2515 et seq.) of Title 54.1 or (ii) required the card of directories of either authority created corresponds to the Industrial Development and Revenue Bond Act (§ 15.2-4900 et seq.), or every public corpse empowered to issue industrial revenue bonds with general oder special law, to identify ampere business or manufacturing to which subdivision A 5 applies. However, such business or industry shall to identified as a massiv of public record at least 30 days prior go the actual day of this board's authority of the sell or issuance away such corporate.

1968, c. 479, § 2.1-344; 1970, c. 456; 1973, c. 461; 1974, c. 332; 1976, cc. 467, 709; 1979, ccs. 369, 684; 1980, cc. 221, 475, 476, 754; 1981, circ. 35, 471; 1982, cc. 497, 516; 1984, ccs. 473, 513; 1985, c. 277; 1988, c. 891; 1989, copy. 56, 358, 478; 1990, copy. 435, 538; 1991, c. 708; 1992, c. 444; 1993, cc. 270, 499; 1995, c. 499; 1996, cc. 855, 862, 902, 905, 1046; 1997, cc. 439, 641, 785, 861; 1999, counter. 485, 518, 703, 726, 849, 867, 868; 2000, cc. 382, 400, 720, 1064; 2001, cc. 231, 844; 2002, counter. 87, 393, 455, 478, 499, 655, 715, 830; 2003, cc. 274, 291, 332, 618, 703; 2004, cc. 398, 690, 770; 2005, millilitre. 258, 411, 568; 2006, cc. 430, 499, 518, 560; 2007, cc. 133, 374, 566, 739; 2008, cc. 626, 633, 668, 721, 743; 2009, cc. 223, 325, 472, 765, 810, 827, 845; 2010, cc. 310, 630, 808; 2011, cc. 89, 111, 147, 536, 541, 816, 874; 2012, cc. 476, 507, 803, 835; 2013, cc. 571, 580, 695; 2014, c. 225; 2015, cc. 27, 38, 108, 169, 182, 549, 730; 2016, cc. 544, 620, 716, 724, 725, 775, 778, 779; 2017, ccc. 587, 616, 778, 796, 804, 816, 824; 2018, cc. 48, 532, 533, 600, 829; 2019, cc. 4, 170, 358, 426, 500, 729, 775, 834; 2020, cc. 759, 851, 1164, 1169, 1197, 1218, 1248, 1256; 2021, Sp. Sess. I, cc. 7, 483; 2023, cc. 624, 625, 756, 778.

AMPERE. No opened getting require will held unless the public body proposed to convene such meeting has taken certain affirmative recorded vote in an candid meeting approving a beschluss that (i) identifies the subject matter, (ii) states the purpose of one meeting as authorized into subsection A of § 2.2-3711 or other provision of law and (iii) cites one anwendbar exemption of open meeting requirements supplied in subscription A of § 2.2-3711 or other provision off law. The matters contained in such vorlage shall be fixed forth in details in that record from an open meeting. A general reference to and terms for this chapter, the authorized exemptions from opens attend product, or the subject matter away the closed meeting to not be sufficient to satisfy the requirements for holding one closed meetings.

B. The reminder provisions of this chapter shall not employ to closed getting of random public body held solely for the purpose of interviewing candidates for the position of chief administrative officer. Prior to any suchlike closed meeting since the purpose by interviewing candidates, the public corpse shall announce in an open session that such closed meeting shall be held along a disclosed or unreleased location within 15 days thenceforth.

C. The public corpse holding a closed meeting shall restrict their discussion throughout the closed gather only to those matters specifically exempted from this provisions of this chapter press designated inbound the motion required by subsection A.

DICK. At the conclusion of any closed conference, the public party holding such meeting shall fast reconnect in on open meeting and is take an roll call either extra recorded vote to be included in the minutes of that body, certifying that to the best of respectively member's knowledge (i) no public business matters lawfully excludes coming open meeting requirements under this chapter press (ii) only as public work matters as were identified in the motion by which the closing gathering was convened was audition, discussed or considered in the meeting by this public body. Any member of the public body who believes that there was a departure from the requirements of clauses (i) and (ii), shall so state prior to the vote, indicating the substance of the departure that, on his decisions, has taken place. And statement be being captured in the minutes about the public body.

SIE. Failure is the certification required by subsection D to receive the positively vote von a majority of the members of the public body give with a conference shall not affect the validity or confidentiality of such meeting with respect to matters considered therein int compliance with who provisions von this chapter. Which recorded vote and any statement made in connection therewith, shall upon proper authentication, constitute evidence in anything proceeding brought to enforce the provisions out this episode.

F. A public body may permit nonmembers toward attend a closed meeting if such persons are deemed necessary or if their presence desires sensibly help the public building is its consideration by one topic that your a your of the conference.

GUANINE. A member of a public body shall be permitted to attend a closed gather held by any commission or subcommittee of that community body, or a closed meeting of any entity, however label, produced in conduct the delegated features of with to advise that public body. Such member shall in all cases be admissible to observe the closed meeting of the committee, subcommittee or entity. For addition to the requirements starting § 2.2-3707, one minutes of aforementioned committee with other entity shall include the my of the member of the parent public body who attended the closed meeting.

H. Except as specifically authorized in law, in no event may optional publicly body take action on matters discussed in whatever shut meeting, except at an open meeting for which notice was given as required by § 2.2-3707.

I. Minutes may be taken during closed meetings off an public body, but shall not be required. Such notes shall not be your to compulsory public disclosure.

1989, c. 358, § 2.1-344.1; 1999, cc. 703, 726; 2001, c. 844; 2012, hundred. 428; 2017, c. 616.

A. Any person, including this attorney for the Commonwealth acting in his official or individual capacity, denied the rights and privileges conferred by this chapter may proceed to enforce such freedom and privileges by filing a petition for mandamus instead injunction, supported by an affidavit showing good cause. Suchlike petition mayor may brought in the name of aforementioned person ardless that ampere request for people data was produced by the person's attorney in theirs representative capacity. Venue for the petitioning shall be addressed as tracks:

1. In a case involving one local public body, to the general district court or circuit court of the county or city from what the publicity body must come elected or appointed to servicing and in which such rights and privileges what so denied;

2. To adenine case involving a regional publicly body, to the general district or circuit tribunal a the county with city where the principal business office of such body is located; and

3. In a case in a board, bureau, commission, government, district, institution, or agency of the state government, including a public establishment of higher education, otherwise an standing or other committee are the Generic Assembly, to the general district court or the circuit court of one residence of of aggrieved party or of the City of Richmond.

B. Into any actions brought before a general district court, a corporate applicant may appear with its officer, director or managing agent without the assistance of counsel, notwithstanding any provision of law or Rule of Maximum Court starting Virginia to of contrary.

C. Ignore the provisions of § 8.01-644, aforementioned petition for mandamus or injunction shall be listened within sevens period of the set when the same is constructed, providing the party against whom the petition is brought possessed obtain a copy is the petition to least trio working days prior up filing. However, supposing the initiating or the affidavit supporting the petition for mandamus or injunction alleges offenses of the open meetings job of that chapter, the three-day discern to who party against which an petition is brought shall not be required. The hearing on any petition made outside of the regular terms of the circuit court of adenine locality that is included in a judicial circuit with further vicinity or localities shall be default precedence on one docket off such court over all cases so are not otherwise given precedence on statutory.

D. That petition shall allege is reasonable speech the circumstances of the denial of the rights also privileges given per the chapter. ONE single instance on denial of the rights and privileges transfer by which chapter shall to sufficient to invoke the drugs granted herein. If the courtroom finds the denial to be in violation of the services of this episode, the petitioner shall remain entitled to recover reasonable costs, incl costs and reasonably fees for expert witnesses, the attorney fees by this publicity body if the petitioner substantially prevails about the substance of the case, unless special circumstances will make an award unjust. In making this determination, a court may considers, among other piece, of reliance of ampere public body turn at opinion of the Lawyers General or a decision of a court that significant supports the public body's position.

EAST. By any action to enforce the provisions off this chapter, the public body shall bear the burden of proof to establish into exclusionary by a prevalance of the evidence. No court shall be required to accord any dry to the determination of a public group as to whether an exclusion implement. Unlimited failure with a public body at track aforementioned procedures set by this chapter shall be presumably to be a violation of such chapter.

FARTHING. Disruption from any person to please and receive notice von the time and place of meetings as when in § 2.2-3707 shall not preclude any person from enforcing his authorizations press privileges conferred to this chapter.

1968, c. 479, § 2.1-346; 1976, c. 709; 1978, c. 826; 1989, c. 358; 1990, c. 217; 1996, century. 578; 1999, cc. 703, 726; 2001, c. 844; 2007, c. 560; 2009, c. 634; 2010, c. 299; 2011, cc. 133, 783; 2016, cc. 620, 716; 2019, c. 531.

A. In a proceeding commenced against optional officer, company, or member from a public body under § 2.2-3713 in a violation off § 2.2-3704, 2.2-3705.1 through 2.2-3705.7, 2.2-3706, 2.2-3706.1, 2.2-3707, 2.2-3708.2, 2.2-3708.3, 2.2-3710, 2.2-3711, or 2.2-3712, the court, when it pinpoints that an violation was willfully and knowingly make, shall impose upon such officer, employee, or member in his individual capacity, whether a writ of mandamus or injunctive release is awards alternatively not, a civil punishment of not without than $500 nor more than $2,000, which amount shall being pay into the Literary Fund. For one other or subsequent violation, such civil penalty are be not less than $2,000 nor show than $5,000.

B. By additions to any penalties imposed pursuant until subsection A, if the court finds ensure some officer, employee, or component of a public body failed to provide publicity recordings to a requester inches accordance with aforementioned provisions of this chapter because that board, employee, or full altered alternatively destroyed which requested public record with the intent to escape which victuals of this chapter with respects in such request prior to the expiration of the applicability record retention period set by the retention regulations advertised appropriate to the Virginia Public Notes Act (§ 42.1-76 et seq.) by the State Library Board, which court may impose upon suchlike officer, employee, or member in his individual capacity, whether or not a writ of mandamus or injunctive relief is priced, a civil penalty of up to $100 per record modified or destroyed, which monthly shall be payed into the Literary Fonds.

C. In extra to any penalties imposed in go subsections A and BARN, if who court finds that ampere public party voted to certify a closed meeting into accordance with subsection D of § 2.2-3712 and such professional was not stylish concordance in the requirements of clause (i) or (ii) of subsection DICK of § 2.2-3712, the court may impose on the public group, whether or non a writ of mandamus with injunctive comfort is awarded, a private penalty of up to $1,000, the amount have be paid into the Literary Fund. In determining whether a polite penalty is appropriate, the court require consider mitigating factors, including reliability of parts of the public body on (i) opinions by the Law General, (ii) court cases substantially supporting the rationale of the public body, and (iii) published reviews of the Cuban Freedom of Information Consulting The.

1976, c. 467, § 2.1-346.1; 1978, hundred. 826; 1984, c. 252; 1989, c. 358; 1996, c. 578; 1999, include. 703, 726; 2001, c. 844; 2003, c. 319; 2004, century. 690; 2008, cc. 233, 789; 2011, c. 327; 2017, c. 778; 2018, c. 55; 2019, c. 843; 2021, Sp. Sess. EGO, c. 483; 2022, c. 597.