The Virginia FOIA Opinion Archive

(optional)

Attorney General's Opinion 1975-76 #417

FOIA violation for going into executive session without a motion, and for reconvening, having transacted public business, without a motion. Election held in improper executive session may be set aside by court action. Acts of entity with an improperly elected official as a member are valid until the official is notified of the legal defect behind his/her election.

Attorney General's Opinion 1975-76 #411

Late-night gathering of six council members with county manager, commonwealth attorney and select others to discuss police scandal was a meeting for purposes of FOIA.

Attorney General's Opinion 1975-76 #410

Mere distribution of a letter during executive session without discussion does not violate FOIA, though the letter itself is an official record subject to disclosure upon request.

Attorney General's Opinion 1974-75 #568

General budget discussions must be public. Public vote required before adjourning to closed meeting.

Attorney General's Opinion 1974-75 #582

Body cannot discuss general budget and general public employee salary levels in closed session.

Attorney General's Opinion 1974-75 #574

Meetings between city manager and city council are public unless an exemption applies. Conflicting city charter provisions trump FOIA.

Attorney General's Opinion 1974-75 #078

Meetings between school board employees and an education association need not be open.

Attorney General's Opinion 1974-75 #570

Discussion in closed session about town manager's employment in violation of FOIA because the meeting was not preceded by an affirmative vote in open session.

Attorney General's Opinion 1974-75 #573

Industrial authority may hold closed meeting to discuss prospective business relocations provided there has been no prior public announcement about the business' intention to locate in the area. Duty is to create access to records/meetings, not to proactively release information.

Attorney General's Opinion 1974-75 #022

Board employees may meet with employee representatives in closed session, though meeting with the representatives and the actual board must be open.

Attorney General's Opinion 1974-75 #212

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 1974-75 #579

Informal gathering of body's members to discuss and vote on the election of mayor and vice-mayor violates FOIA.

Attorney General's Opinion 1974-75 #578

Secret-ballot vote at open meeting not permissible. Election of officers by improper secret at an open meeting not valid until vote can be retaken in open session.

Attorney General's Opinion 1973-74 #457A

A body may prohibit the use of recording devices in its meetings only to the extent that it furthers the orderly administration of the meeting.

Attorney General's Opinion 1973-74 #450

Board cannot meet in executive session to discuss general budgetary matters. Individual matters that fall within an exemption may be discussed, provided the procedures from entering into a closed meeting are followed.

Attorney General's Opinion 1973-74 #451

Boards of zoning appeals are subject to FOIA. any action taken in a closed session is null and void unless voted on in a public meeting.

Attorney General's Opinion 1973-74 #453

Council can hold annual meeting at Elk's National Home provided FOIA notice provisions are followed.

Attorney General's Opinion 1972-73 #491

Acknowleding 1973 change in law that requires announcement of the specific topic to be discussed in closed session.

Attorney General's Opinion 1972-73 #488

Only topics covered by FOIA may be discussed in a closed meeting. Public vote must be taken prior to adjourning into a closed meeting.

Attorney General's Opinion 1972-73 #496

Special investigative commission organized pursuant to city council resolution and made of less than the council's full membership not subject to FOIA.

Attorney General's Opinion 1972-73 #490A

Board may hold a closed meeting on a topic it already has brought up in a public hearing and will again bring up in a continuation of that hearing.

Attorney General's Opinion 1972-73 #492

If a body's constituent members get together to discuss public business is discussed and votes are taken, they have had a meeting, regardless of whether the body labels the get-together an informal gathering. Purpose behind FOIA.

Attorney General's Opinion 1972-73 #496A

Commission of Outdoor Recreation cannot discuss the funding for proposed park projects in closed session.

Attorney General's Opinion 1971-72 #467A

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.

Pages