Attorney General's Opinion 1982-83 #713
VIRGINIA FREEDOM OF INFORMATION ACT. EXECUTIVE MEETING TO FILL ONE DEPUTY SUPERINTENDENT'S POSITION AND ELIMINATING ANOTHER FALLS WITHIN AMBIT OF EXEMPTION IN §2.l-344(A)(l).
November 12, 1982
The Honorable Vivian E. Watts
Member, House of Delegates
82-83 713
This is in reply to your letter which you delivered on November 8, 1982, requesting an opinion regarding the Virginia Freedom of Information Act, §§2.1-340 through 2.1-346.1 of the Code of Virginia (the "Act").
Your letter reads in part as follows:
"On September 9, 1982 the Fairfax County School Board reconvened their regularly scheduled public meeting after an hour and a half executive session. The first order of business of this public session was a motion to fill one deputy superintendent's position and to eliminate the other, Reference was made to the fact that this action would confirm the discussion which had taken place in executive session. No discussion took place on this motion, which passed with one abstension, No other motions were made nor was any other reference made to the extraordinarily long executive session."
You have asked whether an executive session discussion to reorganize the administrative structure of the school system by eliminating one deputy superintendent position is in violation of §2.1-344.
The Act requires that all meetings of public bodies be public meetings except as otherwise specifically provided by law.1 Section 2.1-344(a)(1) of the Act allows public bodies to discuss certain personnel matters in executive meetings, including "[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...." This exception to the open meeting requirement allows private discussion of personnel matters involving individual employees.2 If the executive session discussion dealt with the assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers or employees, then such discussion was the proper subject of an executive meeting. This is proper even when the personnel decision is implemented through action which results in a reorganization. If, however, the discussion was devoid of personnel considerations and dealt with the general policy of reorganization of the administrative structure of the school system, such discussion does not fall within the exemption of §2.1-344(a)(1) or any other provision authorizing executive meetings.
Based solely on the motion which was passed in open session, I am of the opinion that a closed session would be appropriate to consider filling one deputy superintendent's position and eliminating another. Such action would fall within the ambit of employment, appointment, promotion, etc., as contemplated in § 2.1-344(a)(1).
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