December 7, 1972

THE HONORABLE EDWARD E. WILLEY
Member, Senate of Virginia

72-73 490A

This will acknowledge receipt of your letter of November 17, 1972, in which you stated that a county board of supervisors recently held a public hearing on increasing the county's business license tax. The hearing was continued to a later date, apparently for the purpose of hearing further evidence. Between the two hearings, the board held a closed meeting to discuss the tax. You then posed the following question in regard to the Virginia Freedom of Information Act:

"Can a board of supervisors hold a closed meeting on a topic it already has brought up in a public hearing and will again bring up in a continuation of that hearing?"

The Virginia Freedom of Information Act was the subject of a recent opinion to the Honorable Donald G. Pendleton, and I enclose a copy of that opinion which examines the Act closely with respect to substantive and procedural duties required by the legislation of all agencies and institutions of state and local government.

With respect to your inquiry, it is instructive to review the language of §2.1-343 of the Code of Virginia (1950), as amended. "Except as otherwise specifically provided by law and except as provided in §§2.1-344 and 2.1-345, all meetings shall be public meetings." (Emphasis supplied.) One of the permitted purposes of a closed session is set forth in Code §2.1-344(a)(7):

"Discussion of any matter which will be the topic of a public hearing prior to a final decision, provided that notice of every such public hearing shall be published generally in the community not less than ten days prior to such public hearing." (Emphasis supplied.)

It is clear that the Act permits closed session discussion of any matter which will be the topic of a public hearing prior to a final decision by the governmental body in question. If a public hearing is continued to a date, time and place certain for such purpose as receiving further comments and evidence from the public, all prior to a final decision by the governmental body, then I am of the opinion that the Virginia Freedom of Information Act requires that your question be answered in the affirmative.