Attorney General's Opinion 1980-81 #386

VIRGINIA FREEDOM OF INFORMATION ACT. EXECUTIVE MEETING. DISCUSSION OF HEALTH HAZARDS IN PUBLIC BUILDINGS.

July 28, 1980

The Honorable George W. Grayson
Member, House of Delegates

80-81 386

You ask whether a public body may hold an executive meeting to discuss matters of possible public health hazard, such as government asbestos ratings on publicly-owned buildings...."

The Virginia Freedom of Information Act (the "Act") requires that all meetings of public bodies be public, except as specifically authorized by §§2.1-344(a)(1) through 2.1-344(a)(9) and §2.1-345 of the Code of Virginia (1950), as amended. See §2.1-343. Section 2.1-344(a)(2) permits executive meetings for: "[d]iscussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of a State institution of higher education which could affect the value of property owned or desirable for ownership by such institution. Section 2.1-344(a)(2) is designed to allow private discussion concerning publicly owned real property or property that may be acquired for public purposes to avoid injury to interests of the public in acquiring and disposing of real property at fair market value. You do not indicate, however, that there is any present plan of acquisition or disposition of the buildings in question.

Section 2.1-340.1 provides that the exceptions to the open meeting rule are to be construed narrowly to effectuate the broad purposes of the Act, which include ensuring that "no thing which should be public may be hidden from any person." See §2.1-340.1. The possible existence of a public health hazard in publicly-owned buildings is information which should not be hidden from the public. I, therefore, conclude that a public body may not hold an executive meeting to discuss potential health hazards or government asbestos ratings of publicly owned buildings.