VIRGINIA FREEDOM OF INFORMATION ACT. EXECUTIVE MEETING OF COUNTY BOARD OF SUPERVISORS FOR DISCUSSION OF PRIVATE COLLEGE'S EXPANSION.

June 21, 1979

The Honorable Joseph P. Crouch
Member, House of Delegates

78-79 314

You ask whether the county Board of Supervisors can lawfully meet in executive session with representatives of a local church college, presently established and operating in the county, to discuss the college's proposed expansion. Your letter indicates that the proposed expansion may involve acquisition of real property by the college. It is my further understanding that prior to the executive meeting in question a local newspaper had reported the proposed expansion.

The Virginia Freedom of Information Act requires that public bodies meet in public except as otherwise specifically provided by law. See §2.1-343, Code of Virginia (1950), as amended. Sections 2.1-344(a)(1) through 2.1-344(a)(6) authorize executive meetings for specified purposes; I conclude, however, that none of these exceptions authorizing executive meetings is applicable to the situation you describe.

Section 2.1-344(a)(2) authorizes public bodies to discuss privately the acquisition or use of real estate for public purpose, even where the land in question is not owned or to be acquired by the public body itself. See Opinion to the Honorable William A. Truban, Member, Senate of Virginia, dated April 10, 1979, a copy of which is enclosed. In the present instance, however, proposed land acquisitions by a privately funded churchcollege would not come within the term "public purpose" in §2.1-344(a)(2). Section §2.1-344(a)(4) authorizes executive meetings for discussion "concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community." This provision would not apply to the present facts since it is clear that the college is already established and operating in the community and there has been a previous public announcement of the proposed expansion. It is not, therefore, necessary to determine whether the college is a "business or industry" as the terms are used in §2.1-344(a)(4).

Accordingly, I am of the opinion that the county Board of Supervisors may not meet in executive session to discuss the proposed expansion of the college.