Attorney General's Opinion 1978-79 #313

VIRGINIA FREEDOM OF INFORMATION ACT. DISCLOSURE OF MINUTES OF LEGALLY AUTHORIZED EXECUTIVE MEETINGS. DISCLOSURE OF TRANSCRIPT OF EXECUTIVE MEETING ON EMPLOYEE DISMISSAL.

June 15, 1979

The Honorable Robert C. Boswell
Commonwealth's Attorney for Floyd County

78-79 313

You have asked whether the Virginia Freedom of Information Act (the "Act") requires public disclosure of the following records: (1) minutes taken during a legally authorized executive meeting of a public body, and (2) the transcript of an executive meeting of a school board considering the dismissal of a school board employee.

The Act requires that minutes be recorded at all public meetings of public bodies. See §2.1-343, Code of Virginia (1950), as amended. Minutes are not required [in] legally authorized executive meetings. The General Assembly, by authorizing executive meetings for specified purposes, has determined that the interest of public bodies in confidential discussion of certain subjects outweighs the interests of public disclosure of such discussions. In cases where minutes are recorded during properly called executive meetings their required public disclosure as official records would, therefore, be at cross purposes with the provisions of the Act authorizing executive meetings. All votes or other official action taken in proper executive meetings must, of course, be reaffirmed by a recorded vote in public session. See §2.1-344(c). I conclude that minutes recorded during a lawful executive meeting of a public body are not subject to required public disclosure.

It is clear that a school board may hold an executive meeting to consider the possible dismissal of one of its employees. See §2.1-344(a)(1). The transcript of such a meeting is simply a verbatim form of meeting minutes. For the same reasons stated above, I am of the opinion that the transcript is not subject to required public disclosure.