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VIRGINIA FREEDOM OF INFORMATION ACT. EXECUTIVE MEETING TO FILL ONE
DEPUTY SUPERINTENDENT'S POSITION AND ELIMINATING ANOTHER FALLS WITHIN
AMBIT OF EXEMPTION IN §2.l-344(A)(l).
November 12, 1982
The Honorable Vivian E. Watts
Member, House of Delegates
82-83 713
This is in reply to your letter which you delivered on November 8,
1982, requesting an opinion regarding the Virginia Freedom of
Information Act, §§2.1-340 through 2.1-346.1 of the Code of
Virginia (the "Act").
Your letter reads in part as follows:
"On September 9, 1982 the Fairfax County School Board
reconvened their regularly scheduled public meeting after an hour
and a half executive session. The first order of business of this
public session was a motion to fill one deputy superintendent's
position and to eliminate the other, Reference was made to the
fact that this action would confirm the discussion which had taken
place in executive session. No discussion took place on this
motion, which passed with one abstension, No other motions were
made nor was any other reference made to the extraordinarily long
executive session."
You have asked whether an executive session discussion to
reorganize the administrative structure of the school system by
eliminating one deputy superintendent position is in violation of
§2.1-344.
The Act requires that all meetings of public bodies be public
meetings except as otherwise specifically provided by law.1
Section 2.1-344(a)(1) of the Act allows public bodies to discuss
certain personnel matters in executive meetings, including
"[d]iscussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining
or resignation of public officers, appointees or employees of any
public body...." This exception to the open meeting requirement
allows private discussion of personnel matters involving individual
employees.2 If the executive
session discussion dealt with the assignment, appointment, promotion,
performance, demotion, salaries, disciplining or resignation of
public officers or employees, then such discussion was the proper
subject of an executive meeting. This is proper even when the
personnel decision is implemented through action which results in a
reorganization. If, however, the discussion was devoid of personnel
considerations and dealt with the general policy of reorganization of
the administrative structure of the school system, such discussion
does not fall within the exemption of §2.1-344(a)(1) or any
other provision authorizing executive meetings.
Based solely on the motion which was passed in open session, I am
of the opinion that a closed session would be appropriate to consider
filling one deputy superintendent's position and eliminating another.
Such action would fall within the ambit of employment, appointment,
promotion, etc., as contemplated in § 2.1-344(a)(1).
_____________________________
Footnotes:
1See 2.1-343.
2 See 1979-1980 Report of the Attorney General at
378.
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