The Virginia FOIA Opinion Archive

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Commonwealth v. Payne

A city ordinance passed when all members of a public body vote in open session is valid.

Shenandoah Publishing House v. Warren County School Board

FOIA violations made in good faith do not require the imposition of civil penalties

Attorney General's Opinion 1992 #001

Negotiations regarding the substantive terms of a contract to buy water from a neighboring locality is a 'legal matter' that can be discussed in a closed meeting because public disclosure could compromise negotiating positions/strategy. Not all public business that may end up in contract form is considered a 'legal matter'.

ACLU v. Andrews

CIRCUIT COURT OF THE CITY OF RICHMOND

American Civil Liberties Union of Virginia, et al.

v.

Senator Hunter B. Andrews, et al.

Case No. HB-342-4

September 19, 1991

By Judge Randall G. Johnson

Attorney General's Opinion 1991 #005

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.

Hale v. Washington County School Board

Relief for a plaintiff under FOIA does not include compelling a government body to turn over minutes, even if there are any, of an executive/closed meeting.

Attorney General's Opinion 1990 #008

The two members of a seven-member board, and the two members of a seven-member council, joining to discuss mutual governmental business are both committees and must comply with FOIA's meeting procedures.

Attorney General's Opinion 1989 #016

Agency not exempt from FOIA; closed-door discussion not covered by FOIA exemption

Attorney General's Opinion 1987-88 #236

Planning districts are public bodies. Advisory committees and subcommittees of a planning district are subject to FOIA.

Attorney General's Opinion 1987-88 #034

No secret ballots permitted; recorded votes must occur in open session.

Attorney General's Opinion 1986-87 #031

Annexation is not a 'legal matter' within a school board's jurisdiction, so a closed meeting to discuss annexation is not permissible.

Attorney General's Opinion 1986-87 #030

A group that meets with at least three members of a state board must be open. Meetings with mere employees, who are not appointees or constituent members of the board, do not have to be open.

Attorney General's Opinion 1985-86 #103

General legal matters are not a proper subject for closed meeting. Legal matters must be specific. Board of zoning appeals is subject to FOIAÄ…s meeting requirements.

Attorney General's Opinion 1985-86 #332

A meeting of four of a nine-member public body is a meeting even though the four could not take any action on behalf of the board. Committees and subcommittees are subject to FOIA.

Attorney General's Opinion 1985-86 #331

A public body may admit those persons deemed necessary or whose presence will reasonably aid the public body in its consideration of a topic which is the subject of a properly convened closed meeting.

Attorney General's Opinion 1984-85 #068

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 #420

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 1984-85 #426

Where city attorney calls in council members to prepare them as witnesses in a scheduled trial, there has been no meeting. No public policy is deliberated, the individuals were not gathered as an entity, and no action by the entity was anticipated.

Attorney General's Opinion 1984-85 #427

All public bodies must take minutes at their open meetings. A tape recording of a public bodyÄ…s meeting is an acceptable form of meeting minutes. However, because FOIA allows inspection or copying of minutes, a public body may want to do something else.

Attorney General's Opinion 1984-85 #423

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 1983-84 #440

Any official public body action must take place in a meeting where the membership is physically present.

Attorney General's Opinion 1983-84 #441

Nothing in FOIA prohibits a public body member for taking minutes at or tape recording a properly closed meeting.

Attorney General's Opinion 1983-84 #445

Executive meetings should not be continued from one date to a subsequent date when the business before the body cannot be completed on the scheduled date.

Lee Jackson Motel v. Industrial Development Authority

The procedure was not in opposition of the Freedom of Information Act, and the size of the land purchase did not invalidate the proposition.

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