March 2, 1973

THE HONORABLE E. P. HOLMES
Admiral, USN (Ret.) Executive Director, Virginia Port Authority

72-73 497

This is in response to your recent letter wherein you inquire if the use of a mail ballot to determine a course of action is prohibited by the Virginia Freedom of Information Act and whether an open public vote at the next ensuing meeting of the Board of Commissioners of the Virginia Port Authority, confirming the ballot, would satisfy the requirements of the Act.

Pursuant to §62.1-135(g) and (h) of the Code of Virginia (1950), as amended, the Authority has the power to adopt reasonable regulations governing the transaction of its business. On the assumption that the course of action to be determined is a routine or administrative one, the use of such ballot would not be proscribed by the Virginia Freedom of Information Act. The Act could not, of course, be circumvented by the utilization of mail ballots in lieu of public meetings, to conduct important or substantial business of the Board. Additionally, pursuant to §2.1-342, the letter ballots would, of course, be open for public inspection.

With the provisos as stated above, an open public vote at the next ensuing meeting of the Board confirming the action taken by mail ballot would satisfy the requirements of the Act.

It may also be of interest to you that §62.1-130 provides for the delegation to the Executive Director of the Authority of certain powers and duties, which powers and duties might reasonably encompass routine or administrative actions.