FOI Advisory Council Opinion AO-04-06
AO-04-06
March 27, 2006
The Honorable R. Edward Houck
Member, Senate of Virginia
Richmond, Virginia
The staff of the Freedom of Information Advisory Council is authorized to issue advisory opinions. The ensuing staff advisory opinion is based solely upon the information presented in your inquiry of March 22, 2006.
Dear Senator Houck:
You have asked whether a joint committee of conference of the General Assembly could hold a closed meeting in order to discuss matters concerning the 2004-2006 and 2006-2008 Budget Bills1 without violating the Virginia Freedom of Information Act (FOIA). The public policy of FOIA as stated in § 2.2-3700 is that [u]nless a public body or its officers or employees specifically elect to exercise an exemption provided by this chapter or any other statute, every meeting shall be open to the public...All public records and meetings shall be presumed open, unless an exemption is properly invoked. Subsection A of § 2.2-3707 specifies that [a]ll meetings of public bodies shall be open, except as provided in §§ 2.2-3707.01 and 2.2-3711. Therefore it must be determined whether any exemption exists that would allow a joint committee of conference to convene a closed meeting for the stated purpose of discussing matters related to state budget bills.
Turning first to § 2.2-3707.01, concerning meetings of the General Assembly, subsection B provides that joint committees of conference of the General Assembly; or a quorum of any such committees ..., shall be open and governed by this chapter. Section 2.2-3707.01 does not contain any exemptions permitting closed meetings to be convened; such exemptions are found in § 2.2-3711.
Subsection A of § 2.2-3711 lists 36 purposes for which a public body is permitted to convene a closed meeting. Several of these closed meeting exemptions are exemptions of general applicability (i.e., apply to both state and local public bodies) that relate to particular types of financial matters. For example, there are exemptions concerning the acquisition or disposition of real property by a public body;2 discussion concerning a prospective business or industry or the expansion of an existing business or industry;3 discussion or consideration of the investment of public funds where competition or bargaining is involved;4 and discussion of the award of a public contract involving the expenditure of public funds.5 There is an exemption for discussion by the Governor and any economic advisory board reviewing forecasts of economic activity and estimating general and nongeneral fund revenues.6 There is also an exemption for discussion, consideration or review by the appropriate House or Senate committees of possible disciplinary action against a member arising out of the possible inadequacy of the disclosure statement filed by the member.7 Except as noted above, most of the exemptions in § 2.2-3711 are limited for use by specific public bodies, and all are limited to discussion, consideration or deliberation of specifically identified topics. Further, the public policy of FOIA as stated in § 2.2-3700 is that [a]ny exemption from public access to records or meetings shall be narrowly construed and no record shall be withheld or meeting closed to the public unless specifically made exempt pursuant to this chapter or other specific provision of law. Unless one of the exemptions found in § 2.2-3711 would apply to specific portions of the Budget Bill, there is no other basis for a joint committee of conference to convene a closed meeting. Stated another way, there are no special provisions for a joint committee of conference to hold a closed meeting.
Finally, my research has revealed no legal provisions outside of FOIA that would permit a joint committee of conference to convene a closed meeting for the purpose at issue. Therefore, I must conclude that a joint committee of conference of the General Assembly may not hold a closed meeting in order to discuss matters concerning the Budget Bills in question, unless one of the exemptions found in § 2.2-3711 would apply to specific portions of the Budget Bill.
Thank you for contacting this office. I hope that I have been of assistance.
Sincerely,
Maria J.K. Everett
Executive Director
1. House Bill 29 and House Bill 30 (2006) (both bills failed to pass prior to adjournment sine die of the 2006 Regular Session of the General Assembly).
2. Subdivision A 3 of § 2.2-3711.
3. Subdivision A 5 of § 2.2-3711.
4. Subdivision A 6 of § 2.2-3711.
5. Subdivision A 30 of § 2.2-3711.
6. Subdivision A 14 of § 2.2-3711.
7. Subdivision A 12 of § 2.2-3711 (the only exemption in § 2.2-3711 specific to the General Assembly).
March 27, 2006
The Honorable R. Edward Houck
Member, Senate of Virginia
Richmond, Virginia
The staff of the Freedom of Information Advisory Council is authorized to issue advisory opinions. The ensuing staff advisory opinion is based solely upon the information presented in your inquiry of March 22, 2006.
Dear Senator Houck:
You have asked whether a joint committee of conference of the General Assembly could hold a closed meeting in order to discuss matters concerning the 2004-2006 and 2006-2008 Budget Bills1 without violating the Virginia Freedom of Information Act (FOIA). The public policy of FOIA as stated in § 2.2-3700 is that [u]nless a public body or its officers or employees specifically elect to exercise an exemption provided by this chapter or any other statute, every meeting shall be open to the public...All public records and meetings shall be presumed open, unless an exemption is properly invoked. Subsection A of § 2.2-3707 specifies that [a]ll meetings of public bodies shall be open, except as provided in §§ 2.2-3707.01 and 2.2-3711. Therefore it must be determined whether any exemption exists that would allow a joint committee of conference to convene a closed meeting for the stated purpose of discussing matters related to state budget bills.
Turning first to § 2.2-3707.01, concerning meetings of the General Assembly, subsection B provides that joint committees of conference of the General Assembly; or a quorum of any such committees ..., shall be open and governed by this chapter. Section 2.2-3707.01 does not contain any exemptions permitting closed meetings to be convened; such exemptions are found in § 2.2-3711.
Subsection A of § 2.2-3711 lists 36 purposes for which a public body is permitted to convene a closed meeting. Several of these closed meeting exemptions are exemptions of general applicability (i.e., apply to both state and local public bodies) that relate to particular types of financial matters. For example, there are exemptions concerning the acquisition or disposition of real property by a public body;2 discussion concerning a prospective business or industry or the expansion of an existing business or industry;3 discussion or consideration of the investment of public funds where competition or bargaining is involved;4 and discussion of the award of a public contract involving the expenditure of public funds.5 There is an exemption for discussion by the Governor and any economic advisory board reviewing forecasts of economic activity and estimating general and nongeneral fund revenues.6 There is also an exemption for discussion, consideration or review by the appropriate House or Senate committees of possible disciplinary action against a member arising out of the possible inadequacy of the disclosure statement filed by the member.7 Except as noted above, most of the exemptions in § 2.2-3711 are limited for use by specific public bodies, and all are limited to discussion, consideration or deliberation of specifically identified topics. Further, the public policy of FOIA as stated in § 2.2-3700 is that [a]ny exemption from public access to records or meetings shall be narrowly construed and no record shall be withheld or meeting closed to the public unless specifically made exempt pursuant to this chapter or other specific provision of law. Unless one of the exemptions found in § 2.2-3711 would apply to specific portions of the Budget Bill, there is no other basis for a joint committee of conference to convene a closed meeting. Stated another way, there are no special provisions for a joint committee of conference to hold a closed meeting.
Finally, my research has revealed no legal provisions outside of FOIA that would permit a joint committee of conference to convene a closed meeting for the purpose at issue. Therefore, I must conclude that a joint committee of conference of the General Assembly may not hold a closed meeting in order to discuss matters concerning the Budget Bills in question, unless one of the exemptions found in § 2.2-3711 would apply to specific portions of the Budget Bill.
Thank you for contacting this office. I hope that I have been of assistance.
Sincerely,
Maria J.K. Everett
Executive Director
1. House Bill 29 and House Bill 30 (2006) (both bills failed to pass prior to adjournment sine die of the 2006 Regular Session of the General Assembly).
2. Subdivision A 3 of § 2.2-3711.
3. Subdivision A 5 of § 2.2-3711.
4. Subdivision A 6 of § 2.2-3711.
5. Subdivision A 30 of § 2.2-3711.
6. Subdivision A 14 of § 2.2-3711.
7. Subdivision A 12 of § 2.2-3711 (the only exemption in § 2.2-3711 specific to the General Assembly).
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