VIRGINIA FREEDOM OF INFORMATION ACT. EXECUTIVE MEETINGS. DISCUSSION OF ZONING, RE-ZONING AND RELATED GENERAL LEGAL CONSIDERATIONS

July 28, 1980

The Honorable Jerry H. Geisler
Member, House of Delegates

80-81 389

You ask whether the Virginia Freedom of Information Act (the "Act") specifically §2.1-344(a)(6) of the Code of Virginia (1950), as amended, authorizes the town council to hold an executive meeting to discuss such matters as the "purpose of zoning...steps in the rezoning process and legal matters to consider in rezoning." Section 2.1-344 (a) (6) permits public bodies to hold executive meetings for discussion, consultation with counsel or briefings by staff "pertaining to actual or potential litigation, or other,, legal matters within the Jurisdiction of the public body...." Section 21344 (a) (6) is designed to allow private discussions concerning pending litigation or specific potential legal disputes. The reference to "other legal matters" in §2.1-344 (a) (6) would similarly authorize executive discussion of specific legal questions confronting the town council, for example, whether a particular provision of a zoning ordinance is Constitutionally valid. This exception to the general rule of public meetings must, however, be construed narrowly as provided by the Act and may not be relied upon as a catch-all exemption from the open meeting requirements of the Act. See §2.1-340.1

Matters such as the "purpose of zoning and the steps in the rezoning process" are obviously not within the meaning of §2.1 -344(a) (6). Discussion of "legal matters to consider in rezoning cases," though generally legal in nature, would not, as I read your inquiry, relate to any specific legal matter confronting the town council. I, therefore, conclude that the matters you describe are not within the parameters of §2.1-344(a)(6) and may not be discussed in an executive meeting.