Attorney General's Opinion 1981-82 #438
VIRGINIA FREEDOM OF INFORMATION ACT. NEWSLETTERS PREPARED BY COUNTY ADMINISTRATOR AND DISTRIBUTED TO MEMBERS OF BOARD OF SUPERVISORS BETWEEN MEETINGS ARE AVAILABLE FOR INSPECTION UNDER THE ACT.
February 1, 1982
The Honorable Robert M. Galumbeck
Commonwealth's Attorney for Tazewell County
81-82 438
This will acknowledge receipt of your letter requesting an Opinion as to whether the weekly newsletter-type reports of the county administrator (executive secretary) to the board of supervisors must be furnished to the press pursuant to the Virginia Freedom of Information Act (the "Act") (§§2.1-340 through 2.1-346.1 of the Code of Virginia (1950), as amended). You indicated that the purpose of these news letters is to supply the members of the board of supervisors with summaries of those matters of which the board should be kept abreast between their monthly meetings. You further indicated that some information concerns matters to be discussed in executive session prior to final disposition, while others will be general in nature.
I am of the opinion that the newsletter you describe comes within the Act and must be made available to the public for inspection.
The newsletter falls within the category of "official records" as defined in §2.1-341(b) and must be open to inspection unless otherwise provided by law. Exceptions to this disclosure requirement are found in §§2.1-342(b)(1) through 2.1-342(b)(14). Section 2.1-342 (b) (4) excludes "[m]emoranda, working papers and correspondence held or requested by...[the] chief executive officer of any political subdivision of the Commonwealth...." This Office has held that the county administrator is the chief executive officer of a county and as such his memoranda, working papers and correspondence are exempt from the disclosure requirements of the Act. However, if these papers are distributed by him to members of the board of supervisors, they are no longer exempt under §2.1-342(b)(4). See Reports of the Attorney General (1975-1976) at 415; (1976-1977) at 315.
An additional factor that must be considered is the nature of the contents of the newsletter. Your letter implies that the newsletter would probably contain information dealing with matters that are permitted to be taken up at executive meetings of the board, as well as general information. Section 2.1-342(b)(11) exempts "[m]emoranda, working papers and records.. compiled exclusively for executive or closed meetings lawfully held pursuant to §2.1-344," (Emphasis added.) Because your newsletter will contain both types of information, however, it would not meet the "exclusive" requirement and, therefore, would not be exempt from disclosure under §2.1-342(b)(11).
The intent of the legislature, as enunciated in §2.1-340.1, is to narrowly construe exemption provisions so that "no thing which should be public may be hidden from any person." In keeping with this provision and in the absence of an express exception, it appears that these newsletters, as you described them, must be made available to the public for inspection.
