Notice

1999 amendments include some new rules for meeting notices

FOI Advisory Council Opinion AO-04-18

Discusses general open meetings requirements of public bodies and their committees as well as obligations of public bodies in response to a request for public records. A public body is not required to record open meetings itself but must afford the public the opportunity to record the meetings. A committee of a public body is not required to record minutes of an open meeting if the committee membership is comprised of less than a majority of the public body membership. While a public body must post a link on its website to any routine exemption policy for records, there is no requirement as to how that policy is formed or that the policy be contained in a physical policy document. A public body must state in writing the reasons why public records are not provided in response to a request for public records.

Batterson v. Voorhees

Batterson v. Voorhees, Powhatan County Judge Paul W. Cella

FOI Advisory Council Opinion AO-06-17

The FOIA Council's first opinion under its new executive director, Alan Gernhardt, tackles the three-day notice rule for public meetings.

Attorney General's Opinion 1972-73 #494

A citizen who asks for notice is entitled to continuous notification of all meetings. An affirmative vote to go into closed session must be taken prior to each session.

Attorney General's Opinion 1968-69 #261

newspaper publication is sufficient for notice of meetings. Not necessary to establish a mailing list to notify interested citizens of meetings.

FOI Advisory Council Opinion AO-07-09

Though generally local public bodies may not meet or cast votes by electronic means, a telephone conversation between an administrator and a single member of a public body is not a meeting subject to FOIA.

FOI Advisory Council Opinion AO-03-09

A task force jointly created by multiple public bodies to advise them is itself a public body subject to FOIA. Likewise, a regional public body provided for by statute and established by the resolutions of several local public bodies is also subject to FOIA. Both must comply with the procedural rules for conducting public meetings.

FOI Advisory Council Opinion AO-13-07

FOIA allows public bodies to hold closed meetings to discuss the acquisition of real property if holding the discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Absent such jeopardy to the public body's bargaining position or negotiating strategy, these discussions must be open.

FOI Advisory Council Opinion AO-08-07

FOIA requires public notice to be given when a public body holds a public meeting. Failure to give the required notice is a violation of FOIA.

FOI Advisory Council Opinon AO-02-06

Gathering of quorum from both a town council and a planning commission, on a topic that had once been before the council and was likely to be before it again, should have been advertised to the public as a joint meeting of both entities.

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