VIRGINIA FREEDOM OF INFORMATION ACT. EXECUTIVE MEETING. DISCUSSION OF ELECTION OF MAYOR.

July 28, 1980

The Honorable Owen B. Pickett
Member, House of Delegates

80-81 386A

You ask whether the Virginia Freedom of Information Act (the "Act") permits city council to discuss the selection of a mayor in an executive meeting. The Virginia Beach City Code requires that, following a general election of councilmen, the council shall choose one of its members to serve as mayor.

The Act requires that all meetings of public bodies shall be public meetings, except as specifically provided in §§2.1-344(a)(1) through 2.1-344(a)(9) and§2.1-345 of the Code of Virginia (1950), as amended. Section 2.1-344(a)(1) provides that public bodies may hold executive meetings for: "[d]iscussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees of any public body and evaluation of performance of departments or schools of State institutions of higher education where such matters regarding such individuals might be affected by such evaluation." (Emphasis supplied.) I, therefore, conclude that the city council may hold an executive meeting for discussion of selecting a mayor. Council would, however, be required by the Act to elect its mayor in a pubic meeting. See §2.1-344(c); Opinion to the Honorable John H. Chichester, Member, Senate of Virginia, dated July 14, 1980 (copy enclosed); see, also, Opinion to the Honorable Charles A. Christophersen, Director, Division of State Planning, dated September 18, 1974, and found in Report of the Attorney General (1974-1975) at 578.