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Attorney General's Opinion 1972-73 #494 |
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THE HONORABLE PAUL W. MANNS
Member, Senate of Virginia
72-73 494
This will acknowledge receipt of your recent letter in which you
posed the following questions concerning the Virginia Freedom of
Information Act:
"If an individual requests to be notified of the time and
place of each meeting of a board of supervisors, a school board or
any other public body on a continuous basis, is he entitled to
these notifications?
"Does a public body have to vote to go into executive or closed
session before each session when the body plans to hold several
closed sessions in a row?"
In response to your first inquiry, it should be noted that
§2.1-343 of the Code of Virginia (1950), as amended, provides,
in part, that "information as to the time and place of each meeting
shall be furnished to any citizen of this state who requests such
information." I am of the opinion that this provision when construed
with the purpose of the Act and other specific provisions set forth
therein with respect to public meetings, permits an individual to
request the unit of government that he be notified on a continuous
basis of the time and place of each meeting of said governmental
body.
The answer to your second question must be stated in the
affirmative. The purpose of the Virginia Freedom of Information Act
is to ensure that all meetings of state and local governmental bodies
shall be open to the public except where specific provisions to the
contrary are provided. In availing itself of the provisions set forth
in §2.1-344(a) of the Code with respect to closed meetings, the
unit of government is required by §2.1-344(b) to vote in public
prior to each such closed session and thereafter comply with the
requirements of §2.1-344(c).
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