VIRGINIA FREEDOM OF INFORMATION ACT. OPEN MEETING REQUIREMENTS. LOCAL GOVERNING BODY MAY NOT VOTE BY SECRET BALLOT.

July 3, 1985

The Honorable R. Beasley Jones
Member, House of Delegates

85-86 333

You ask whether a city council violated the Virginia Freedom of Information Act, §§2.1-340 through 2.1-346.1 of the Code of Virginia (the "Act"), by voting on the membership of the city planning and zoning commission by secret ballot. The letter enclosed with your request states that during a June meeting of council, three persons were nominated to fill two vacancies on the commission. The council's vote, however, was by secret ballot. After the vote, the clerk counted the ballots and the winners were announced.

The Act requires that all meetings of public bodies shall be public meetings, unless otherwise specifically provided for by law. Section 2.1-343 . Meetings of municipal councils are brought expressly within the purview of the Act. Section 2.1-341(a).

Prior Opinions of this Office have consistently found that secret ballot voting by members of a public body constitutes a violation of the open meeting requirements of the Act. See Reports of the Attorney General: 1982-1983 at 723; 1977-1978 at 492; 1974-1975 at 578.

Accordingly, in accordance with this long-standing interpretation, it is my opinion that the council violated the Act by voting on the commission membership by secret ballot.