Closed - Personnel

Also, see 1999 FOIA changes

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.

Attorney General's Opinion 1999 #015

A school board may not meet in executive session to discuss the election of its chairman. The personnel exemption does not apply.

Attorney General's Opinion 1998 #009

Though a city council may meet in executive session to discuss personnel appointed by the council, it cannot close a public meeting to discuss the employees of those appointed personnel.

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 1982-83 #714

Discussion of the hiring, firing, resignation, retention, salary and money paid to the city attorney, elected by the city council, may be held in executive session under the personnel exemption.

Attorney General's Opinion 1982-83 #713

Discussion about filling one deputy superindent's position and eliminating another may be held under the personnel exemption; however, discussion about general office reorganization is not a proper topic for the personnel exemption.

Attorney General's Opinion 1980-81 #058

The use of the word teacher in the personnel exemption to open meetings - personnel evaluations - encompasses college faculty members.

Attorney General's Opinion 1980-81 #386A

Virginia Beach City Council may meet behind closed doors to discuss selection of the city's mayor, but election to a new mayor must wait until an open meeting.

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