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January 13, 1977
THE HONORABLE D. FRENCH SLAUGHTER, JR.
Member, House of Delegates
76-77 308
This is in reply to your letter in which you ask: "Under the
Virginia Freedom of Information Act, can a committee of a town
council composed of less than the full council (i.e., 3 out of 9) go
into a properly called "executive meeting" and (1) exclude from the
meeting other council members; or (2) allow other members of council
to attend but exclude the public and press."
Section 2.1-341(a), Code of Virginia (1950), as amended, defines
the term "meeting" and sets forth the types of public bodies which
are to be subject to the open meeting requirements of the Freedom of
Information Act as follows:
"'Meeting or meetings' means the meetings, when sitting
as a body or entity, or as an informal assemblage of the
constituent membership, with or without minutes being taken,
whether or not votes are cast, of any authority, board, bureau,
commission, district or agency of the State or of any political
subdivision of the State, including cities, towns and counties;
municipal councils, governing bodies of counties, school boards
and planning commissions; and other organizations, corporations or
agencies in the State, supported wholly or principally by public
funds. Nothing in this chapter shall be construed as to define a
meeting as a chance meeting of two or more members of a public
body, or as an informal assemblage of the constituent membership
at which matters relating to the exercise of official functions
are not discussed." (Emphasis added.)
The foregoing provision, in my view, indicates that an assemblage
of three members of a nine member town council for purposes of
discussing matters relating to the exercise of official council
functions constitutes a "meeting" of a public body within the meaning
of ยง2.1-341(a). Accordingly, meetings of the committee of the
town council are subject to the same restrictions and requirements
under the Act as meetings of the full council.
You have not asked whether the subject matter of discussion in the
executive meeting was permitted under the Act; rather, you ask who
may be excluded from a properly called executive meeting. Section
2.1-341(c) provides that public bodies may exclude the public and
press from properly called executive meetings. Accordingly, a
committee of town council may, likewise, exclude the public and press
from a properly called executive meeting. No provision of the Freedom
of Information Act, however, prohibits a public body meeting in
executive session from permitting the presence of any person or
persons whom they may deem necessary or helpful in conducting their
executive discussions. Accordingly, I am of the opinion that the
committee you describe may exclude the public and press from its
executive meeting and allow council members not on the committee to
be present during such meeting. Your second inquiry, therefore, must
be answered in the affirmative.
Your first inquiry cannot be answered by reference to any
provision of the Freedom of Information Act. Whether a committee of
the town council, meeting in a properly called executive session, may
exclude the other members of council is a matter which would be
governed by the procedural rules established by the council. Any
member excluded would of course later hear and participate in
deciding upon any substantive issue that had been referred to the
committee for recommendation.
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