Attorney General's Opinion 1981-82 #442

VIRGINIA FREEDOM OF INFORMATION ACT. SCHOOL BOARD'S "WORKSHOP" MEETING WITH DIVISION SUPERINTENDENT TO DISCUSS DIVISION'S ORGANIZATION, OPERATION AND PHILOSOPHY. MUST BE OPEN MEETING UNDER 2.1-343.

August 24, 1981

The Honorable George W. Grayson
Member, House of Delegates

81-82 442

You ask whether a school board may meet in a "workshop" setting with the division superintendent to discuss the division's organization, operation and philosophy, without the meeting being open to the public and press under the Virginia Freedom of Information Act (Ch. 21 of Title 2.1) of the Code of Virginia (1950), as amended.

Section 2.1-343 requires that all meetings of public bodies be public meetings, except as otherwise specifically provided by law § 2.1-344 allows public bodies to discuss certain matters in executive session. There is no provision in §2.1-344 that permits closed meetings on such broad topics as a school division's organization, operation and philosophy. The purposes authorized for closed meetings are more narrow and limited.1

Further, there is no exemption for meetings held in an informal or "workshop" setting. Under §2.1-341 (a), meetings include any informal assemblage of as many as three members of a public body's constituent membership. Under §2.1-341 (a), however, the membership may gather at any place or function where no part of the purpose of such gathering is the discussion of any public business, and such gathering was not prearranged with any purpose of discussing any business of the public body. Of course "workshop" meetings are informal, but the workshops you describe are to be prearranged, and for the discussion of public business.2

Accordingly, I am of the opinion that a "workshop" meeting of a school board with the division superintendent to discuss the division's organization, operation and philosophy must be open to the public and press under §2.1-343.

Footnotes:

1. Opinion to the Honorable Virgil H, Goode, Jr., Member, Senate of Virginia, dated August 13, 1979, found in Report of the Attorney General (1979-1980) at 378 (meeting of school board and superintendent to assess priority among administrative positions).

2. Opinion to the Honorable A. Joe Canada, Jr., Member, Senate of Virginia, dated March 25, 1980, found in Report of the Attorney General (1979-1980) at 380 ("private briefing meeting") Opinion to the Honorable Bernard G. Barrow, Member, House of Delegates, dated September 28, 1977, found in Report of the Attorney General (1977-1978) at 485 (informal weekend workshop" at cottage in Kitty Hawk, N.C.).