Attorney General's Opinion 1974-75 #212

November 18, 1974

THE HONORABLE ROBERT R. GWATHMEY, III
Member, House of Delegates

74-75 212

This is in reply to your recent letter in which you inquire whether the board of directors of an industrial development authority is required to provide public notice of its meetings through newspaper advertisement or other news media.

Section 15.1-1378, Code of Virginia (1950), as amended, after enumerating the powers of industrial development authorities, provides that "any meeting held by the board of directors at which formal action is taken shall be open to the public." This provision does not, however, require that public notice be given of such meetings.

Industrial development authorities, created pursuant to the provisions of Chapter 33, Title 15.1 of the Code are independent political subdivisions and as such are subject to the requirements of the Virginia Freedom of Information Act. Section 2.1-343 provides:

"Except as otherwise specifically provided by law and except as provided in 2.1-344 and 2.1-345, all meetings shall be public meetings. Minutes shall be recorded at all public meetings. Information as to the time and place of each meeting shall be furnished to any citizen of this State who requests such information." (Emphasis supplied.)

Accordingly, while the Freedom of Information Act requires that all meetings of industrial development authorities be open to the public there is no requirement that general public notice of such meetings be given. It should be noted, however, that the Freedom of Information Act does provide that upon request by any citizen, individual notice regarding the time and place of each meeting shall be provided.

In view of the foregoing, I would advise that although board meetings of industrial development authorities are required to be open to the public, there is no legal requirement that the board provide general public notice of its meetings.