NOTE: INCOMPLETE OPINION -----------------------------------------------------------------

February 15, 1984

VIRGINIA FREEDOM OF INFORMATION ACT. EXECUTIVE MEETINGS. BOARD OF EQUALIZATION . SECTION 58-903. BOARD OF EQUALIZATION SUBJECT TO REQUIREMENTS OF VIRGINIA FREEDOM OF INFORMATION ACT AND 58-903. BOARD MUST HOLD PUBLIC MEETINGS EXECUTIVE MEETINGS NOT PERMITTED FOR PURPOSE OF DISCUSSING ALLEGED INEQUITABLE ASSESSMENTS.

February 15, 1984

840215

The Honorable Russell O. Slayton Jr.

83-84 442

This is in response to your request for my opinion whether under the Virginia Freedom of Information Act 2.1-340 through 2.1-346.1 of the Code of Virginia (the "Act") the deliberations of the Greensville County Board of Equalization ("the Board") must be held in open session.

"Meeting" is defined for purposes of the Act as "the meetings, when sitting as a body or entity...of any legislative body, authority, board, bureau, commission, district or agency...of any political subdivision of the Commonwealth, including cities, towns and counties; municipal councils, governing bodies of counties...and other organizations, corporations or agencies in the Commonwealth, supported wholly or principally by public funds." See 2.1-341. It is my opinion that Board meetings fall within the definition of "meeting" and are therefore subject to the requirements of the Act.

Section 2.1-343 states that except as otherwise provided by law or in 2.1-344 and 2.1-345, all meetings shall be public meetings." This section further provides that minutes are to be taken at all public meetings except in certain instances. Based upon the facts provided, it is my opinion that meetings of the Board must be held in public and minutes must be taken.

Section 2.1-344(a) provides the limited instances in which "executive" or "closed" meetings may be held by bodies subject to the Act. In order for the Board to meet in executive session, it would have to be for one of the purposes enumerated in 2.1-344(a).

It appears that the only exception which could be applicable is 2.1-344(a)(3). This section states that an executive meeting can be held if it is for "[t]he protection of the privacy of individuals in personal matters not related to public business." It is my opinion, however, that 2.1-344(a)(3) does not apply to meetings of the Board because the assessments which the Board reviews are already in the public record and any consideration of the assessments are related to the public business. Therefore, it does not appear that any of the exceptions of 2.1-344(a) would apply to the Board.

In addition to the Act, there are provisions in Title 58 which dictate that such Board meetings be held in public. Sections 58-895 through 58-915 deal with local boards of equalization. Section 58-903 (effective January 1, 1984) states, in pertinent part:

"Each board of equalization shall sit at and for such time or times as may be necessary to discharge the duties imposed and to exercise the powers conferred by this chapter. Of each sitting public notice shall be given at least ten days beforehand by publication...also by posting the notice at the courthouse and at each voting precinct. Such posting shall be done by the sheriff or his deputy. Such notice shall inform the public that the board shall sit at the place or places and on the days named therein for the purpose of equalizing real estate assessments in such county or city and for the purpose of hearing all complaints of inequalities including errors in acreage in such real estate assessments." It is evident that this section sets out a specific method of informing