Attorney General's Opinion 1980-81 #390

VIRGINIA FREEDOM OF INFORMATION ACT. EXECUTIVE MEETINGS. SCHOOL TRUSTEE ELECTORAL BOARD.

July 14, 1980

The Honorable John H. Chichester
Member, Senate of Virginia

80-81 390

You have asked whether the school trustee electoral board may hold an executive meeting to discuss prospective school board appointees before electing them in a public meeting.

School trustee electoral boards are established under § 22-60 of the Code of Virginia (1950), as amended, and are empowered to elect the members of the county school board. See §§ 22-60 and 22-61.

The Virginia Freedom of Information Act (the "Act") requires that public bodies conduct meetings in public, except as specifically authorized by §§ 2.1-344(a)(1) through 2.1-344(a)(9). See § 2.1-343. School trustee electoral boards are public bodies subject to the requirements of the Act. See §  2.1-341 (a). Section 2.1-344(a)(1) permits executive meetings for:

"Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees of public bodies and evaluation of performance of departments or schools of State institutions of higher education where such matters regarding such individuals might be affected by such evaluation. (Emphasis supplied.)

I conclude that §2.1-344(a)(1) authorizes the school trustee electoral board to hold executive meetings for discussion of prospective school board appointees. The board, however, would be required to elect school board members in a public meeting. See §2.1-344(c).