January 2, 1974

THE HONORABLE HARRY W. GARRETT, JR.
Commonwealth's Attorney for Bedford County

73-74 453

This is in response to your recent letter in which you inquire as to whether or not annual meetings held by the Council of the former Town of Bedford and the Council of the present City of Bedford at the Elk's National Home, rather than the customary meeting place, were properly held. In addition you ask whether or not action taken at these meetings was valid.

The regular meetings of the Bedford Town Council, now the Bedford City Council, are meetings of a public body subject to the requirements of the Virginia Freedom of Information Act, found in Chapter 21, Title 2.1, Code of Virginia (1950), as amended. Section 2.1-343 of that Act provides that all meetings of public bodies shall be open meetings at which the general public may be present. The Act further provides that information as to the time and place of such meetings shall be furnished, upon request, to any citizen of the State. Your letter indicates that the Council meetings in question, held at the Elk's National Home, were open to the general public. You further advise that the Council, at its regular public meeting preceding the meetings in question, adopted a formal resolution that it meet next at the Elk's National Home and designated the day and time of such meeting.

Provided the meetings in question were held as open or public meetings, with notice being given of the time and place, I am of the opinion that such meetings were properly held, in compliance with the Virginia Freedom of Information Act, and that any action taken by Council during such meetings was valid.