October 18, 1971

THE HONORABLE WILLIAM J. MCGHEE
County Attorney of Montgomery County

71-72 466

In your letter of October 13, 1971, you ask whether a County Board of Supervisors may assemble at a meeting other than at a regular, adjourned or formally called meeting and at that time go into executive session for one or more of the purposes permitted by § 2.1-344 of the Code of Virginia, and, if so, whether it is necessary to notify the public of such a meeting.

Your inquiry is governed by the provisions of § 2.1-344(b) of the Code of Virginia (1950), as amended. That subsection provides:

"No meeting shall become an executive or closed meeting unless there shall have been recorded an affirmative vote to that effect by the public body holding such meeting."

Pursuant to this subsection, although the Board of Supervisors may choose to hold an executive session at a time and place other than at its regularly scheduled meeting, such meeting may nevertheless not be held unless the Board, in public meeting, records an affirmative vote to hold such executive session. The Board may not informally plan to meet at a time and place other than a formally called meeting, and vote at that time to hold an executive or closed meeting.

If such executive or closed meeting is properly scheduled, the Board is not required by the provisions of § 2.1-343 to publicize information as to the time and place of such meeting, inasmuch as the last mentioned section has reference only to public meetings. Of course, any person who happens to be at the public meeting at which the executive session is scheduled, will be made aware of such schedule when the matter is brought on for a vote, as described above.