Closed – Personnel
Also, see 1999 FOIA changes
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Dooley v. Gloucester School Board
Gloucester County General District Court: Meeting to discuss disciplining a fellow board meet was improper based on the notice given; recording made in the meeting must be released.
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Hart v. Town of Onley
General district judge rules town did not violate FOIA’s provisions on motions to go into closed meeting or for proper topics for closed-meeting discussion, specifically discipline of the mayor by the town council.
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FOI Advisory Council Opinion AO-01-20
Closed meeting motions must include a subject, purpose, and citation and must be set forth in detail in the meeting minutes. Votes taken after a closed meeting must reasonably identify the substance of the vote. Meeting minutes must include a summary of the discussion on matters proposed, deliberated or decided, and a record of any…
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Bragg v. BOS (Rappahannock County)
A Rappahannock County circuit judge ruled the board of supervisors there improperly closed a meeting to talk about an advertisement seeking a replacement for an outgoing county attorney as well as alternatives to the county attorney set-up. The topic was not “legal advice,” nor did it fall under the personnel exemption for “prospective candidates for employment.”
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Denton v. Hopewell
Circuit Court of Richmond Judge W. Allan Sharrett rules Hopewell cannot used a closed meeting to discuss whom to elect to the positions of mayor or vice mayor.
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FOI Advisory Council Opinion AO-06-15
A local governing body may not convene a closed meeting in order to discuss the salaries of the members pursuant to the personnel closed meeting exemption.
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FOI Advisory Council Opinion AO-02-10
A motion to convene a closed meeting must identify the subject of the meeting, the purpose of the meeting, and cite an applicable exemption from the open meeting requirements. In order to avoid confusion and misunderstanding, the preferred practice is to make a separate motion for each topic that will come under consideration during a…
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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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Media General Operations v. City Council of the City of Richmond
City council meeting to discuss performance of city manager improperly strayed into discussion of city’s soaring crime rate. No authority for closing a proceeding to present closing arguments in a case challenging the propriety of a closed meeting.
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FOI Advisory Council Opinion AO-17-03
If a public body has authority to censure or reprimand one of its members, it may meet in closed session to discuss it; without such authority, however, the body cannot close a meeting to discuss someone over whom the body has no control.
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FOI Advisory Council Opinion AO-06-03
A hearing to determine whether a teacher’s complaint fits the definition of grievance should be held in private session in accordance with the Education Code; FOIA does not override the requirement.
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Attorney General’s Opinion 2000 #042
Elected officials are not employees of the board, therefore the closed meeting exemption for private discussions of an individual employee’s performance does not apply to them.
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Attorney General’s Opinion 1999 #061
Becuase a city council does not exercise control over the daily work of the city manager’s employees, the city council cannot use the personnel exemption to discuss city employees in a closed meeting.
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Attorney General’s Opinion 1999 #015
A school board may not meet in executive session to discuss the election of its chairman. The personnel exemption does not apply.
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Attorney General’s Opinion 1998 #009
Though a city council may meet in executive session to discuss personnel appointed by the council, it cannot close a public meeting to discuss the employees of those appointed personnel.
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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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Attorney General’s Opinion 1982-83 #714
Discussion of the hiring, firing, resignation, retention, salary and money paid to the city attorney, elected by the city council, may be held in executive session under the personnel exemption.
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Attorney General’s Opinion 1982-83 #713
Discussion about filling one deputy superindent’s position and eliminating another may be held under the personnel exemption; however, discussion about general office reorganization is not a proper topic for the personnel exemption.
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Attorney General’s Opinion 1980-81 #058
The use of the word teacher in the personnel exemption to open meetings – personnel evaluations – encompasses college faculty members.
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Attorney General’s Opinion 1980-81 #386A
Virginia Beach City Council may meet behind closed doors to discuss selection of the city’s mayor, but election to a new mayor must wait until an open meeting.
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Attorney General’s Opinion 1980-81 #390
School board may hold closed meeting to discuss prospective school board appointees, but must wait until an open meeting to appoint or elect them.
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Attorney General’s Opinion 1979-80 #382
The general statement of policy found at the beginning of FOIA is a reflection of the legislative intent of the Act.
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Attorney General’s Opinion 1979-80 #378
School board may not use personnel exemption to discuss general personnel priorities in exeuctive session. Materials held exclusively by school superintendent are exempt working papers even if the superintendent has given a presentation to school board personnel using those materials.