Closed - Personnel

Also, see 1999 FOIA changes

Bragg v. BOS (Rappahannock County)

A Rappahannock County circuit judge ruled the board of supervisors there improperly closed a meeting to talk about an advertisement seeking a replacement for an outgoing county attorney as well as alternatives to the county attorney set-up. The topic was not "legal advice," nor did it fall under the personnel exemption for "prospective candidates for employment."

Denton v. Hopewell

Circuit Court of Richmond Judge W. Allan Sharrett rules Hopewell cannot used a closed meeting to discuss whom to elect to the positions of mayor or vice mayor.

FOI Advisory Council Opinion AO-06-15

A local governing body may not convene a closed meeting in order to discuss the salaries of the members pursuant to the personnel closed meeting exemption.

FOI Advisory Council Opinion AO-02-10

A motion to convene a closed meeting must identify the subject of the meeting, the purpose of the meeting, and cite an applicable exemption from the open meeting requirements. In order to avoid confusion and misunderstanding, the preferred practice is to make a separate motion for each topic that will come under consideration during a closed meeting.

FOI Advisory Council Opinion AO-05-07

The student government of a public institution of higher education is a public body subject to FOIA. The branches of student government are analogous to the organization of government generally (i.e., legislative, executive, and judicial). (Several other related issues discussed.)

Media General Operations v. City Council of the City of Richmond

City council meeting to discuss performance of city manager improperly strayed into discussion of city's soaring crime rate. No authority for closing a proceeding to present closing arguments in a case challenging the propriety of a closed meeting.

FOI Advisory Council Opinion AO-17-03

If a public body has authority to censure or reprimand one of its members, it may meet in closed session to discuss it; without such authority, however, the body cannot close a meeting to discuss someone over whom the body has no control.

FOI Advisory Council Opinion AO-06-03

A hearing to determine whether a teacher's complaint fits the definition of grievance should be held in private session in accordance with the Education Code; FOIA does not override the requirement.

Attorney General's Opinion 2000 #042

Elected officials are not employees of the board, therefore the closed meeting exemption for private discussions of an individual employee's performance does not apply to them.

Attorney General's Opinion 1999 #061

Becuase a city council does not exercise control over the daily work of the city manager's employees, the city council cannot use the personnel exemption to discuss city employees in a closed meeting.


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