                                 CODE OF VIRGINIA

EXCLUSIONS TO APPLICATION OF CHAPTER; EXCLUSIONS OF GENERAL APPLICATION TO
PUBLIC BODIES (§ 2.2-3705.1)

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 his discretion, except where such disclosure is prohibited by law.
Redaction of information excluded under this section from a public record shall
be conducted in accordance with § 2.2-3704.01.

1. Personnel information concerning identifiable individuals, except that access
shall not be denied to the person who is the subject thereof. Any person who is
the subject of such information and who is 18 years of age or older may waive,
in writing, the protections afforded by this subdivision. If the protections are
so waived, such information shall be disclosed. Nothing in this subdivision
shall be construed to authorize the withholding of any resumes or applications
submitted by persons who are appointed by the Governor pursuant to &#xA7;
2.2-106 or 2.2-107.
			No provision of this chapter or any provision of Chapter 38 (&#xA7; 2.2-3800
et seq.) shall be construed as denying public access to (i) contracts between a
public body and its officers or employees, other than contracts settling public
employee employment disputes held confidential as personnel records under &#xA7;
2.2-3705.1; (ii) records of the name, position, job classification, official
salary, or rate of pay of, and records of the allowances or reimbursements for
expenses paid to, any officer, official, or employee of a public body; or (iii)
the compensation or benefits paid by any corporation organized by the Virginia
Retirement System or its officers or employees. The provisions of this
subdivision, however, shall not require public access to records of the official
salaries or rates of pay of public employees whose annual rate of pay is $10,000
or less.

2. Written advice of legal counsel to state, regional or local public bodies or
the officers or employees of such public bodies, and any other information
protected by the attorney-client privilege.

3. Legal memoranda and other work product compiled specifically for use in
litigation or for use in an active administrative investigation concerning a
matter that is properly the subject of a closed meeting under &#xA7; 2.2-3711.

4. Any test or examination used, administered or prepared by any public body for
purposes of evaluation of (i) any student or any student&#8217;s performance,
(ii) any employee or employment seeker&#8217;s qualifications or aptitude for
employment, retention, or promotion, or (iii) qualifications for any license or
certificate issued by a public body.
			As used in this subdivision, &#8220;test or examination&#8221; shall include
(a) any scoring key for any such test or examination and (b) any other document
that would jeopardize the security of the test or examination. Nothing contained
in this subdivision shall prohibit the release of test scores or results as
provided by law, or limit access to individual records as provided by law.
However, the subject of such employment tests shall be entitled to review and
inspect all records relative to his performance on such employment tests.
			When, in the reasonable opinion of such public body, any such test or
examination no longer has any potential for future use, and the security of
future tests or examinations will not be jeopardized, the test or examination
shall be made available to the public. However, minimum competency tests
administered to public school children shall be made available to the public
contemporaneously with statewide release of the scores of those taking such
tests, but in no event shall such tests be made available to the public later
than six months after the administration of such tests.

5. Records recorded in or compiled exclusively for use in closed meetings
lawfully held pursuant to &#xA7; 2.2-3711. However, no record that is otherwise
open to inspection under this chapter shall be deemed exempt by virtue of the
fact that it has been reviewed or discussed in a closed meeting.

6. Vendor proprietary information software that may be in the public records of
a public body. For the purpose of this subdivision, &#8220;vendor proprietary
information software&#8221; means computer programs acquired from a vendor for
purposes of processing data for agencies or political subdivisions of the
Commonwealth.

7. Computer software developed by or for a state agency, public institution of
higher education in the Commonwealth, or political subdivision of the
Commonwealth.

8. Appraisals and cost estimates of real property subject to a proposed
purchase, sale, or lease, prior to the completion of such purchase, sale, or
lease.

9. Information concerning reserves established in specific claims administered
by the Department of the Treasury through its Division of Risk Management as
provided in Article 5 (&#xA7; 2.2-1832 et seq.) of Chapter 18, or by any county,
city, or town; and investigative notes, correspondence and information furnished
in confidence with respect to an investigation of a claim or a potential claim
against a public body&#8217;s insurance policy or self-insurance plan. However,
nothing in this subdivision shall prevent the disclosure of information taken
from inactive reports upon expiration of the period of limitations for the
filing of a civil suit.

10. Personal contact information furnished to a public body or any of its
members for the purpose of receiving electronic communications from the public
body or any of its members, unless the recipient of such electronic
communications indicates his approval for the public body to disclose such
information. However, access shall not be denied to the person who is the
subject of the record. As used in this subdivision, &#8220;personal contact
information&#8221; means the information provided to the public body or any of
its members for the purpose of receiving electronic communications from the
public body or any of its members and includes home or business (i) address,
(ii) email address, or (iii) telephone number or comparable number assigned to
any other electronic communication device.

11. Communications and materials required to be kept confidential pursuant to
&#xA7; 2.2-4119 of the Virginia Administrative Dispute Resolution Act (&#xA7;
2.2-4115 et seq.).

12. Information relating to the negotiation and award of a specific contract
where competition or bargaining is involved and where the release of such
information would adversely affect the bargaining position or negotiating
strategy of the public body. Such information shall not be withheld after the
public body has made a decision to award or not to award the contract. In the
case of procurement transactions conducted pursuant to the Virginia Public
Procurement Act (&#xA7; 2.2-4300 et seq.), the provisions of this subdivision
shall not apply, and any release of information relating to such transactions
shall be governed by the Virginia Public Procurement Act.

13. Account numbers or routing information for any credit card, debit card, or
other account with a financial institution of any person or public body.
However, access shall not be denied to the person who is the subject of the
information. For the purposes of this subdivision, &#8220;financial
institution&#8221; means any organization authorized to do business under state
or federal laws relating to financial institutions, including, without
limitation, banks and trust companies, savings banks, savings and loan companies
or associations, and credit unions.

14. Names and data of any kind that directly or indirectly identify an
individual as a member, supporter, or volunteer of, or donor of financial or
nonfinancial support to, any entity exempt from federal income tax pursuant to
&#xA7; 501(c) of the Internal Revenue Code, except for those entities
established by or for, or in support of, a public body as authorized by state
law, not to include a nonprofit foundation designed to support an institution of
higher education or other educational or cultural institution subject to Title
23.1.

HISTORY: 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;
2010, c. 553; 2016, cc. 620, 716, 729; 2017, cc. 140, 778; 2021, Sp. Sess. I, c.
484; 2022, c. 525; 2022, Sp. Sess. I, c. 19.