Attorney General's Opinion 1983-84 #445

November 28, 1983

The Honorable Theodore V. Morrison, Jr.,
Member, House of Delegates

This is in response to your request for my opinion relating to the Freedom of Information Act. Your specific inquiry is whether the law permits executive sessions being adjourned from one date to a subsequent date without first reconvening in public meeting to state the reason for going into executive session.

Section 2.1-343 of the Code of Virginia, a portion of the Virginia Freedom of Information Act ("the Act"), provides that "[e]xcept as otherwise specifically provided by law and except as provided in 2.1-344 and 2.1-345, all meetings shall be public meetings." Section 2.1-344(a) enumerates the purposes for which executive or closed meetings may be conducted by public bodies. Section 2.1-344(b) provides: "No meeting shall become an executive or closed meeting unless there shall have been recorded in open meeting an affirmative vote to that effect by the public body holding such meeting. . . ."

I am unaware of any court decision which addresses the question here presented. The Act itself does not specify the duration of "executive meeting." I, therefore, rely upon my perception of the intent of the General Assembly in mandating open meetings unless specifically otherwise provided. Section 2.1-340.1 expresses the legislative intent as follows:

"It is the purpose of the General Assembly by providing this chapter to ensure to the people of this Commonwealth . . . free entry to meetings of public bodies wherein the business of the people is being conducted . . . [t]o the end that the purposes of this chapter may be realized, it shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government."

Given the fact that the Act is to be liberally construed so as to promote public awareness, and the fact that a clear and unburdensome procedure is set forth in the Act to be followed in convening executive sessions, I am of the opinion that executive meetings should not be continued from one date to a subsequent date when the business before the body cannot be completed on the scheduled date. Rather, the public body should reconvene in a public meeting and follow the procedure set forth in § 2.1-344(b) if the public body is to again meet in executive session.