Attorney General's Opinion 1979-80 #382

VIRGINIA FREEDOM OF INFORMATION ACT. LEGISLATIVE INTENT. EXECUTIVE MEETINGS OF GOVERNING BOARDS OF COLLEGES AND UNIVERSITIES FOR DISCUSSION OF PERSONNEL MATTERS.

March 20, 1980

The Honorable James H. Dillard, II
Member, House of Delegates

79-80 382

You have asked two questions concerning the Virginia Freedom of Information Act (the "Act"):

(1) what is the overall legislative intent of the Act; and (2) whether § 2.1-344(a)(1) of the Code of Virginia (1950), as amended, permits executive meetings of public bodies for discussion of personnel matters relating to groups or classes of employees as well as individually identifiable employees.

Section 2.1-340.1 sets forth the legislative purpose of the Act as follows:

"It is the purpose of the General Assembly by providing this chapter to ensure to the people of this Commonwealth ready access to records in the custody of public officials and free entry to meetings of public bodies wherein the business of the people is being conducted. This chapter recognizes that the affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government. To the end that the purposes of this chapter may be realized, it shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government. Any exception or exemption from applicability shall be narrowly construed in order that no thing which should be public may be hidden from any person."

In most cases there is no recorded legislative history concerning Virginia laws beyond that expressly stated in provisions of the statutes themselves. I am aware of no statement of legislative purpose concerning the Act other than the express provisions of § 2.1-340.1. I am, therefore, of the opinion that the above-quoted provisions of the Act reflect its legislative purpose.

Section 2.1-344(a) provides, among other things that: "Executive or closed meetings may be held only for the following purposes:

(1) Discussion 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."

The Act also exempts personnel records from required public disclosure. See § 2.1-342(b)(3). The exemption for personnel records has consistently been interpreted as applying only to records that pertain to identifiable individual employees. See Opinion to the Honorable Lewis P. Fickett, Jr., Member, House of Delegates, dated July 24, 1975, found in 75-76 Va. AG 416; Opinion to the Honorable Mary A. Marshall, Member, House of Delegates, dated March 22, 1977, found in 76-77 Va. AG 317A.

Prior to its amendment in 1979, the Act did not require governing boards of institutions of higher education to conduct their meetings in public. When institutions of higher education were brought under the open meeting requirements, § 2.1-344(a)(1) was amended to permit executive meetings for "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." I conclude that prior to its 1979 amendment § 2.1-344(a)(1) permitted executive meetings of public bodies for discussion of personnel matters concerning identifiable individuals only. I further conclude that the 1979 amendment to § 2.1-344(a)(1), insofar as it permits executive discussions of personnel matters concerning groups or classes of employees, applies only to governing boards of institutions of higher education in the limited circumstances set forth therein.