The Virginia FOIA Opinion Archive

Welfare, adoption and illegitimate birth records are not open under FOIA. Other code sections prohibit their release.

Acknowleding 1973 change in law that requires announcement of the specific topic to be discussed in closed session.

SUPREME COURT OF VIRGINIA

Archer v. Mayes

Record No. 8110

194 S.E.2d 707, 213 Va. 633

March 5, 1973

GRACE ARCHER AND JAMES JOHNSON v. D. CARLETON MAYES, JUDGE OF THE CIRCUIT COURT OF AMELIA COUNTY; S. L. FARRAR, JR., CLERK OF THE CIRCUIT COURT OF AMELIA COUNTY; JOHN L. SMITH, JAMES E. FORD AND GRAHAM W. THOMPSON, JURY COMMISSIONERS OF THE CIRCUIT COURT OF AMELIA COUNTY

SYLLABUS BY THE COURT

Appeal from an order of the Circuit Court of Amelia County. Hon. William M. Sweeney, judge designate presiding.

The Virginia Port Authority may use mail-in ballots to carry on administrative work, public business must be conducted in accordance with FOIA.

The press and the public have access rights to an electoral board's records.

Only topics covered by FOIA may be discussed in a closed meeting. Public vote must be taken prior to adjourning into a closed meeting.

Special investigative commission organized pursuant to city council resolution and made of less than the council's full membership not subject to FOIA.

Treasurer's records are open. Reasonable rules may be imposed on public inspection of records to ensure their safety. Person requesting record must state personal or legal interest in obtaining it.

Board may hold a closed meeting on a topic it already has brought up in a public hearing and will again bring up in a continuation of that hearing.

Sanders, a professor at Virginia Western Community College, sued after a newspaper wrongly reported that she improperly withheld documents from her department head. Her employment contract with the university was not renewed after the article appeared, and she was unable to obtain another position with a university. The Court affirmed a circuit court’s ruling in favor of the defendants, the publisher and the source for the article, because Sanders had not proved actual malice or reckless disregard for the truth. That standard applies when published statements relate to matters of public or general concern, because they are protected by the First Amendment and subject to qualified privilege.

Judicial Conference of Courts of Record subject to FOIA. Meetings of the Judicial Conference of Courts of Record court system study commission are open.

If a body's constituent members get together to discuss public business is discussed and votes are taken, they have had a meeting, regardless of whether the body labels the get-together an informal gathering. Purpose behind FOIA.

Commission of Outdoor Recreation cannot discuss the funding for proposed park projects in closed session.

Closed session must be preceded by motion adopted in open session. Public body required to notify any citizen who requests notification of public body meetings, though public body not required to maintain a mailing list.

Board must vote in open session whether to hold a closed meeting; no informal plan to meet is allowed. No need to publicize time and location of closed meeting, though those attending the public meeting where the closed meeting is announced will be aware of the schedule.

Once a board is in executive session for an enumerated reason, it may not discuss other non-related matters but must hold a public meeting for the discussion of such matters.

Committee of the whole of a public body's members is subject to FOIA; committee of less than all the members is not.

Any action taken in closed meeting must be voted on in a public meeting.

Local park authority may meet in closed session to discuss desirability/feasibility of acquiring a tract of land for use as a public park.

Salary information on school board personnel is open, but there's no requirement that the information be complied.

Records on salaries paid to public employees open.

Discussions between a school board and a proposed teachers association must be open to the public.

newspaper publication is sufficient for notice of meetings. Not necessary to establish a mailing list to notify interested citizens of meetings.

Local electoral boards are subject to FOIA.

Public body may not go into executive session solely at the direction of the body's presiding officer.