Attorney General's Opinion 1979-80 #056

BOARDS OF SUPERVISORS. MEETINGS. CONSTITUTION. MAY NOT CLOSE PUBLIC MEETINGS TO BROADCAST OR RECORDING, BUT MAY IMPOSE REASONABLE RULES.

June 13, 1980

The Honorable Frank M. Slayton
Member, House of Delegates

79-80 56

In separate communication you inquire whether a board of supervisors may close its public meetings to direct broadcast by radio, or to recording for later broadcast.

Section 15.1-539 of the Code of Virginia (1950), as amended, provides that boards of supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend meetings. Compare § 1 S. 1-810 [sic] (rules and officers of council; open meetings). Further, §2.1-343 (part of the Virginia Freedom of Information Act) provides generally that all meetings of public bodies are to be public meetings.

At the same time, §2.1-343 creates no vested right to televise, photograph or record the transaction of public business at such meetings, and §15.1-539 authorizes boards of supervisors to make such rules and take such measures as are necessary for the orderly transaction of public business. See Opinion to the Honorable James T. Edmunds, Member, Senate of Virginia, dated April 23, 1974, found in Report of the Attorney General (1973-1974) at 457.

Nevertheless, any such rules and measures may have an impact upon constitutional rights, and must be justified as necessary for the maintenance of orderly proceedings. See Opinion to the Honorable Jose R. Davila, Jr., Commonwealth Attorney for the City of Richmond, dated April 11, 1972, found in Report of the Attorney General (1971-1972) at 56. The constitutional protection for news gathering is limited to information generally available to the public, and is subject to such reasonable rules and restrictions as are imposed equally on the public. Opinion to the Honorable James T. Edmunds, Member, Senate of Virginia, dated October 16, 1978, found in Report of the Attorney General (1978-1979) at 224.

Accordingly, I find that a board of supervisors may not close its public meetings to direct broadcast by radio, or to recording for later broadcast, although the board of supervisors may impose reasonable rules and restrictions upon the broadast and recording activities such as are imposed equally on the public.