FOIA Opinions by Topic
Opinions by topic: (MEETINGS) Notice
(List all topics)
- FOI Advisory Council Opinion AO-07-09 (6/9/2009): Though generally local public bodies may not meet or cast votes by electronic means, a telephone conversation between an administrator and a single member of a public body is not a meeting subject to FOIA.
- FOI Advisory Council Opinion AO-03-09 (5/8/2009): A task force jointly created by multiple public bodies to advise them is itself a public body subject to FOIA. Likewise, a regional public body provided for by statute and established by the resolutions of several local public bodies is also subject to FOIA. Both must comply with the procedural rules for conducting public meetings.
- FOI Advisory Council Opinion AO-13-07 (10/29/2007): FOIA allows public bodies to hold closed meetings to discuss the acquisition of real property if holding the discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Absent such jeopardy to the public body's bargaining position or negotiating strategy, these discussions must be open.
- FOI Advisory Council Opinion AO-08-07 (7/11/2007): FOIA requires public notice to be given when a public body holds a public meeting. Failure to give the required notice is a violation of FOIA.
- FOI Advisory Council Opinon AO-02-06 (3/15/2006): Gathering of quorum from both a town council and a planning commission, on a topic that had once been before the council and was likely to be before it again, should have been advertised to the public as a joint meeting of both entities.
- FOI Advisory Council Opinion AO-15-04 (7/19/2004): A citizen-organized gathering with three members of a school board for the purpose of discussing business currently pending before the board must comply with FOIA's notice provisions.
- FOI Advisory Council Opinion AO-02-04 (1/16/2004): Public body must follow FOIA's notice provision, even if planning to go into a closed meeting immediately; closed meeting can only take place within the context of an open meeting. Draft proposal between a city and a county over acquisition of water may be withheld under the exemption for contract negotations, if disclosure would jeopardize bargaining position; discussions of the proposal may also be held in closed session. Advisory Council uses subcommittee to identify a problem in FOIA and propose legislation to address it.
- FOI Advisory Council Opinion AO-23-03 (9/22/2003): A meeting notice that omits the exact time of the meeting (or, in certain instances, whether there will be a public comment period) is deficient. A public body does not have an obligation to honor a standing request for agenda items that will be created in the future.
- FOI Advisory Council Opinion AO-06-02 (7/3/2002): Public body members may waive notice for themselves, but not for the public. Meetings are to be open to both the public and the press, not one or the other. A meeting of three or more members of a public body to discuss public business is to be open to the public, and the notice requirements of FOIA must be followed.
- FOI Advisory Council Opinion AO-43-01 (9/5/2001): Notice of future meetings must be posted at the clerk's office and a prominent public location. Though FOIA encourages the use of electronic communication via the Internet, the town's Web site does not qualify as a prominent public location under FOIA's meeting notice provisions.
- FOI Advisory Council Opinion AO-18-01 (3/16/2001): At least three working days' notice is necessary to announce the change in location of a previously scheduled meeting; updates required everywhere notice is posted, including the Internet.
- FOI Advisory Council Opinion AO-03-01 (1/16/2001): Regarding requirements for notice and agendas for special or emergency meetings; enforcement
- FOI Advisory Council Opinion AO-13-00 (12/12/2000): Notice for special or emergency meetings must be reasonable under the circumstances; determination of reasonableness is not within purview of FOI Advisory Council's duties.
- Attorney General's Opinion 1999 #075 (2/17/2000): Under law as it existed prior to July 1, 1999, advance notice of a telephone meeting didn't need to list all locations from where telephone participation was to take place. Post-July 1, 1999, law says all locations must be identified.
- Shenandoah Publishing House v. Warren County School Board (6/20/1995): Decided City Council did not violate FOIA by meeting
in closed session; Shenandoah Publishing House Inc. v. The
Winchester City Council; Chancery No. 95-156.
- Shenandoah Publishing House v. Warren County School Board (5/28/1993): FOIA violations made in good faith do
not require the imposition of civil penalties
- Attorney General's Opinion 1991 #005 (8/5/1991): Public body satisfies continual request for notice by saying its meetings are held at the same time and same place on the same day each month and that separate notice will be given for special meetings. No additional notice necessary when date, time and place of reconvened meeting is announced at regularly scheduled meeting.
- Attorney General's Opinion 1984-85 #068 (5/30/1985): Constitutional officers are not entitled to notice any better or any worse than that given to the general public.
- Attorney General's Opinion 1984-85 #423 (10/17/1984): Even informal gatherings, such as over a meal, are meetings if part of the purpose is to discuss public business, or the gathering was prearranged with any purpose of discussing business. Notice provisions apply to executive session, as well as open meetings, therefore, notice of time and location of executive session must be given. Reconvening in different location.
- Attorney General's Opinion 1981-82 #430 (4/16/1982): Body may meet in executive session at irregular time and place as long as members of the body waive notice and as long as the pass a motion in open session to go into executive session.
- Attorney General's Opinion 1977-78 #485 (9/28/1977): Prearranged out-of-town meeting of two public bodies required that notice be sent to those requesting it and that minutes be taken.
- Attorney General's Opinion 1977-78 #484 (9/27/1977): City council and taxpayers' association may meet together as long as FOIA's notice and minutes procedures are followed.
- Attorney General's Opinion 1974-75 #212 (11/18/1974): Industrial development authorities are subject to FOIA. Act doesn't require public notice of meetings, just notice to those who have requested it.
- Attorney General's Opinion 1973-74 #453 (1/2/1974): Council can hold annual meeting at Elk's National Home provided FOIA notice provisions are followed.
- Attorney General's Opinion 1971-72 #467A (4/11/1972): Closed session must be preceded by motion adopted in open session. Public body required to notify any citizen who requests notification of public body meetings, though public body not required to maintain a mailing list.
- Attorney General's Opinion 1971-72 #466 (10/18/1971): Board must vote in open session whether to hold a closed meeting; no informal plan to meet is allowed. No need to publicize time and location of closed meeting, though those attending the public meeting where the closed meeting is announced will be aware of the schedule.
- Attorney General's Opinion 1968-69 #261 (11/30/-0001): newspaper publication is sufficient for notice of meetings. Not necessary to establish a mailing list to notify interested citizens of meetings.
- Attorney General's Opinion 1972-73 #494 (11/30/-0001): A citizen who asks for notice is entitled to continuous notification of all meetings. An affirmative vote to go into closed session must be taken prior to each session.
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