Opinions by topic: (MEETINGS) Closed - Personnel

(List all topics)

• FOI Advisory Council Opinion AO-02-10 (3/17/2010): A motion to convene a closed meeting must identify the subject of the meeting, the purpose of the meeting, and cite an applicable exemption from the open meeting requirements. In order to avoid confusion and misunderstanding, the preferred practice is to make a separate motion for each topic that will come under consideration during a closed meeting.
• FOI Advisory Council Opinion AO-05-07 (5/7/2007): The student government of a public institution of higher education is a public body subject to FOIA. The branches of student government are analogous to the organization of government generally (i.e., legislative, executive, and judicial). (Several other related issues discussed.)
• Media General Operations v. City Council of the City of Richmond (5/5/2004): City council meeting to discuss performance of city manager improperly strayed into discussion of city's soaring crime rate. No authority for closing a proceeding to present closing arguments in a case challenging the propriety of a closed meeting.
• FOI Advisory Council Opinion AO-17-03 (7/7/2003): If a public body has authority to censure or reprimand one of its members, it may meet in closed session to discuss it; without such authority, however, the body cannot close a meeting to discuss someone over whom the body has no control.
• FOI Advisory Council Opinion AO-06-03 (3/20/2003): A hearing to determine whether a teacher's complaint fits the definition of grievance should be held in private session in accordance with the Education Code; FOIA does not override the requirement.
• Attorney General's Opinion 2000 #042 (7/21/2000): Elected officials are not employees of the board, therefore the closed meeting exemption for private discussions of an individual employee's performance does not apply to them.
• Attorney General's Opinion 1999 #061 (5/18/2000): Becuase a city council does not exercise control over the daily work of the city manager's employees, the city council cannot use the personnel exemption to discuss city employees in a closed meeting.
• Attorney General's Opinion 1999 #015 (4/5/1999): A school board may not meet in executive session to discuss the election of its chairman. The personnel exemption does not apply.
• Attorney General's Opinion 1998 #009 (12/16/1998): Though a city council may meet in executive session to discuss personnel appointed by the council, it cannot close a public meeting to discuss the employees of those appointed personnel.
• Attorney General's Opinion 1984-85 #420 (3/12/1985): Meetings to discuss employment terms and contract of school board superintendent are properly closed, but the action of employing the superintendent must take place in open session. Employment contract of school superintendent is open.
• Attorney General's Opinion 1982-83 #714 (4/19/1983): Discussion of the hiring, firing, resignation, retention, salary and money paid to the city attorney, elected by the city council, may be held in executive session under the personnel exemption.
• Attorney General's Opinion 1982-83 #713 (11/12/1982): Discussion about filling one deputy superindent's position and eliminating another may be held under the personnel exemption; however, discussion about general office reorganization is not a proper topic for the personnel exemption.
• Attorney General's Opinion 1980-81 #058 (5/29/1981): The use of the word teacher in the personnel exemption to open meetings - personnel evaluations - encompasses college faculty members.
• Attorney General's Opinion 1980-81 #386A (7/28/1980): Virginia Beach City Council may meet behind closed doors to discuss selection of the city's mayor, but election to a new mayor must wait until an open meeting.
• Attorney General's Opinion 1980-81 #390 (7/14/1980): School board may hold closed meeting to discuss prospective school board appointees, but must wait until an open meeting to appoint or elect them.
• Attorney General's Opinion 1979-80 #382 (3/20/1980): The general statement of policy found at the beginning of FOIA is a reflection of the legislative intent of the Act.
• Attorney General's Opinion 1979-80 #378 (8/13/1979): School board may not use personnel exemption to discuss general personnel priorities in exeuctive session. Materials held exclusively by school superintendent are exempt working papers even if the superintendent has given a presentation to school board personnel using those materials.