Closed - Consultation With Legal Counsel

Cole v. Smyth County BOS

Supreme Court of VIrginia rules unanimously, May 28, 2020, that the Smyth County Board of Supervisors used an improper motion to go into closed session and talked about matters beyond the scope of the claimed exemption.

FOI Advisory Council Opinion AO-02-19

A public body engaged in dispute resolution proceedings may hold closed meetings under the exemptions for discussion of actual or probable litigation and consultation with legal counsel on specific legal matters. However, it does not appear that FOIA or the various laws concerning dispute resolution have considered or addressed situations where two or more public bodies wish to hold a joint meeting for the purpose of dispute resolution. There are also applicable records exemptions for certain records of dispute resolution proceedings both within FOIA and outside of FOIA in statutes that specifically address such dispute resolution proceedings.

FOI Advisory Council Opinion AO-01-07

The closed meeting exemption for consultation with counsel regarding specific legal matters may not be used for the purpose of discussing a general policy in the absence of any specific legal transaction or dispute.

FOI Advisory Council Opinion AO-07-00

Physical presence of lawyer is necessary for public body to invoke closed meeting exemption regarding consultation for advice on a specific legal matter; counsel's presence is not necessarily demanded when the exemption for briefings on actual or probable litigation.
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