If a statutory exemption exists, does the records custodian or public body have to withhold a public document or close a public meeting?
No. Exemptions are not mandatory. They are to be narrowly construed to favor citizen access. There is no penalty for releasing public documents or opening public meetings that an exemption could have barred. There are other parts of the Code of Virginia that expressly prohibit disclosure of certain records. These usually refer to a very specific type of record, such as juvenile records (§16.1-305) and tax records that reveal the identity of the taxpayer (§58.1-3).
Related Questions
- If a statutory exemption exists, does the records custodian or public body have to withhold a public document or close a public meeting?
- Is the agency or body required to make the record or minutes of a public proceeding available to the public?
- Is the public body or agency required to keep running minutes or a record of a public proceeding?
