January 3, 1973

THE HONORABLE PETER K. BABALAS
Member, Senate of Virginia

72-73 488

This will acknowledge receipt of your recent letter in which you set forth the following questions in regard to the Virginia Freedom of Information Act:

"If local official bodies meet in private, can they discuss any subject other than the ones covered by the law?

"When such closed meetings are held, must the body vote in public to hold each individual meeting, or can they pass a blanket resolution declaring that it will hold secret meetings or closed meetings on a specific day and at a specific time perpetually?"

In response to your first inquiry, the Virginia Freedom of Information Act clearly states that except where specifically authorized by law or exempted by §2.1-345 of the Code of Virginia (1950), as amended, closed meetings may be held only for the purposes set forth in Code §2.1-344. I am of the opinion, therefore, that when a unit of government meets in closed session for one of the specific purposes enumerated in the Act, it would be impermissible for that body to consider subjects during the course of the closed session that would not be included in Code §2.1-344.

The answer to your second question must be stated in the negative. The purpose of the Virginia Freedom of Information Act is to ensure that all meetings of state and local governmental bodies shall be open to the public except where specific provisions to the contrary are provided. In availing itself of the provisions set forth in §2.1-344(a) of the Code with respect to closed meetings, the unit of government is required by §2.1-344(b) to vote in public prior to each such closed session and thereafter comply with the requirements of §2.1-344(c).