Attorney General's Opinion 1978-79 #313
VIRGINIA FREEDOM OF INFORMATION ACT. DISCLOSURE OF MINUTES OF
LEGALLY AUTHORIZED EXECUTIVE MEETINGS. DISCLOSURE OF TRANSCRIPT OF
EXECUTIVE MEETING ON EMPLOYEE DISMISSAL.
June 15, 1979
The Honorable Robert C. Boswell
Commonwealth's Attorney for Floyd County
You have asked whether the Virginia Freedom of Information Act
(the "Act") requires public disclosure of the following records: (1)
minutes taken during a legally authorized executive meeting of a
public body, and (2) the transcript of an executive meeting of a
school board considering the dismissal of a school board
The Act requires that minutes be recorded at all public meetings
of public bodies. See §2.1-343, Code of Virginia (1950), as
amended. Minutes are not required [in] legally authorized
executive meetings. The General Assembly, by authorizing executive
meetings for specified purposes, has determined that the interest of
public bodies in confidential discussion of certain subjects
outweighs the interests of public disclosure of such discussions. In
cases where minutes are recorded during properly called executive
meetings their required public disclosure as official records would,
therefore, be at cross purposes with the provisions of the Act
authorizing executive meetings. All votes or other official action
taken in proper executive meetings must, of course, be reaffirmed by
a recorded vote in public session. See §2.1-344(c). I conclude
that minutes recorded during a lawful executive meeting of a public
body are not subject to required public disclosure.
It is clear that a school board may hold an executive meeting to
consider the possible dismissal of one of its employees. See
§2.1-344(a)(1). The transcript of such a meeting is simply a
verbatim form of meeting minutes. For the same reasons stated above,
I am of the opinion that the transcript is not subject to required
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