Actions Permitted Only In Open Session/Voting
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FOI Advisory Council Opinion AO-02-18
A motion to convene a closed meeting must identify the subject of the meeting, the purpose of the meeting, and the exemption(s) which allow the meeting to be closed. A motion that fails to identify the subject, or lacks any other element, is insufficient. There is no general exemption for public bodies to discuss police…
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FOI Advisory Council Opinion AO-02-17
FOIA prohibits voting at public meetings by secret or written ballot as well as voting by telephone or other electronic communication means. However, FOIA does not address the use of electronic voting systems that use computer software to cast, record, and publicly display the votes at a public meeting. Whether such a system comports with…
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Moody v. Portsmouth
The letter signed by five members of a city council and presented to another council member in a closed meeting should have been voted on first in open session.
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FOI Advisory Council Opinion AO-07-09
Though generally local public bodies may not meet or cast votes by electronic means, a telephone conversation between an administrator and a single member of a public body is not a meeting subject to FOIA.
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FOI Advisory Council Opinion AO-05-07
The student government of a public institution of higher education is a public body subject to FOIA. The branches of student government are analogous to the organization of government generally (i.e., legislative, executive, and judicial). (Several other related issues discussed.)
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FOI Advisory Council Opinion AO-01-05
School board’s motion to go into closed session complied with FOIA’s three-part test for such motions. County’s vague reference to affirm a recommendation on a personnel matter identified by number rather than by name or position did not comport with FOIA’s requirement that votes taken after reconvening after a closed meeting must describe the substance…
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FOI Advisory Council Opinion AO-01-03
A public body is not authorized to purchase land between an informal vote taken in properly closed meeting but before a vote on purchase taken in open session. An informal vote taken in a closed meeting is not binding. Members of a public body may individually poll each other for their position on a matter…
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FOI Advisory Council Opinion AO-15-02
City council may meet in closed session to discuss slate of candidates to fill a vacancy on that council. Discussion may include consensus or a straw poll to narrow the list of candidates, though no selection would be final or binding unless voted on at a meeting open to the public.
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FOI Advisory Council Opinion AO-08-02
City manager may poll council members for advvice on how to spend money in the manager’s discretionary fund. Motions to go into closed session must state the general exemption, the purpose and the subject matter of the meeting. No public discussion or vote is needed where a further action is not predicated on council action.
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FOI Advisory Council Opinion AO-38-01
It is not a violation of FOIA for public body members to reach a consensus in closed session, but nothing is official until a vote in open session has been taken; a motion to close a meeting listing only the purpose and the statutory citation is inadequate because it does not also identify the purpose…
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Wilson v. City of Salem
Wilson v. City of Salem/Munley v. City of Salem: Judge Weckstein’s opinion
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FOI Advisory Council Opinion AO-12-00
once city council members acted on a report that was arguably part of the city manager’s working papers, any exempt status is lost and the document becomes part of the public record.
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FOI Advisory Council Opinion AO-09-00
Roberts Rules of Order is subordinate to FOIA in the event of any conflict between the two.
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Town of Madison v. Ford
The Virginia Constitution requires that votes taken on all municipal ordinances must reflect how each member present voted.
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Shenandoah Publishing House v. Warren County School Board
An injunction is proper where a school board enters into any contract, which was discussed during a closed executive session conducted pursuant to the Virginia Freedom of Information Act and whose effective date is before the date on which the school board reconvenes in open session and formally approves the contract.
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McLaughlin v. Town of Front Royal
An action taken in open session of a meeting is valid.
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Commonwealth v. Payne
A city ordinance passed when all members of a public body vote in open session is valid.
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Attorney General’s Opinion 1987-88 #034
No secret ballots permitted; recorded votes must occur in open session.
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Attorney General’s Opinion 1985-86 #333A
Secret ballots not permitted under FOIA.
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Attorney General’s Opinion 1984-85 #420
Meetings to discuss employment terms and contract of school board superintendent are properly closed, but the action of employing the superintendent must take place in open session. Employment contract of school superintendent is open.
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Lee Jackson Motel v. Industrial Development Authority
The procedure was not in opposition of the Freedom of Information Act, and the size of the land purchase did not invalidate the proposition.
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Lee Jackson Motel v. Industrial Development Authority
The burden is on the plaintiff to show that an action was taken in executive or closed session without reconvening in open session.
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Attorney General’s Opinion 1982-83 #723
Secret ballots in open meeting not allowed.
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Attorney General’s Opinion 1979-80 #380
Executive session called without a prior resolution adopted in public meeting violates FOIA. No election of planning commission officers in executive session. Actions taken by illegally elected public body officers are valid up until the point when they learn of the election defect.
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Attorney General’s Opinion 1979-80 #381
Public body cannot adopt a resolution in executive session, and a public vote on the resolution does not cure the error.