Informal Gatherings
-
FOI Advisory Council Opinion AO-12-08
As a general rule, an individual member of a board, designated as a liaison to staff, is not a public body for meetings purposes. Records prepared, owned, or possessed by that member in the transaction of public business are public records subject to FOIA.
-
FOI Advisory Council Opinon AO-02-06
Gathering of quorum from both a town council and a planning commission, on a topic that had once been before the council and was likely to be before it again, should have been advertised to the public as a joint meeting of both entities.
-
FOI Advisory Council Opinion AO-15-04
A citizen-organized gathering with three members of a school board for the purpose of discussing business currently pending before the board must comply with FOIA’s notice provisions.
-
Beck v. Shelton
FOIA does not apply to members-elect. Exchange of multiple e-mails over a several-hour period not an illegal electronic meeting. Neighborhood meeting no FOIA violation.
-
FOI Advisory Council Opinion AO-02-02
Meetings of private organizations are not subject to FOIA. The attendance of elected officials at a private meeting does not convert the gathering to a public meeting as long as the officials did not arrange their attendance to discuss or transact public business.
-
FOI Advisory Council Opinion AO-46-01
Though meetings with staff and government employees are not usually subject to FOIA, they are if they include a quorum of a public body’s members. Informal gatherings – pre-meeting, post-meeting or some other time – are still meetings that must comply with FOIA if their purpose is to discuss public business.
-
FOI Advisory Council Opinion AO-40-01
A gathering of four of five members of a governing body prior to a regularly scheduled meeting is prohibited if the members are discussing public business, but is not prohibited if public business is not being discussed.
-
FOI Advisory Council Opinion AO-05-01
A school board member’s attendance as a member of the general public at a meeting of a committee that two fellow school board members are on does not constitute a meeting of the school board.
-
FOI Advisory Council Opinion AO-04-00
The informal gathering of three members of the Norfolk Wetlands Board to tour the site of an applicant for a dredging permit is considered a meeting under FOIA because it necessarily concerns the transaction of public business
-
ACLU v. Andrews
CIRCUIT COURT OF THE CITY OF RICHMOND American Civil Liberties Union of Virginia, et al. v. Senator Hunter B. Andrews, et al. Case No. HB-342-4 September 19, 1991 By Judge Randall G. Johnson This case arises under the provisions of the Virginia Freedom of Information Act, Va. Code section 2.1-340 et seq. (the “Act”). Petitioners…
-
Attorney General’s Opinion 1984-85 #426
Where city attorney calls in council members to prepare them as witnesses in a scheduled trial, there has been no meeting. No public policy is deliberated, the individuals were not gathered as an entity, and no action by the entity was anticipated.
-
Attorney General’s Opinion 1984-85 #423
Even informal gatherings, such as over a meal, are meetings if part of the purpose is to discuss public business, or the gathering was prearranged with any purpose of discussing business. Notice provisions apply to executive session, as well as open meetings, therefore, notice of time and location of executive session must be given. Reconvening…
-
Attorney General’s Opinion 1982-83 #721
Cocktail parties attended by members of a public body, like other social functions, are not meetings for purposes of FOIA, provided that they are not held with the intention of conducting business and business does not take place.
-
Attorney General’s Opinion 1981-82 #434
Telephone poll of individual members is akin to an informal assemblage, not subject to FOIA.
-
Attorney General’s Opinion 1981-82 #442
So-called workshop gatherings are still meetings for purposes of FOIA.
-
Attorney General’s Opinion 1979-80 #298
School board’s attendance at a labor organization’s presentation may be subject to FOIA if the purpose of the board’s attendance is to discuss/transact public business.
-
Attorney General’s Opinion 1977-78 #485
Prearranged out-of-town meeting of two public bodies required that notice be sent to those requesting it and that minutes be taken.
-
Attorney General’s Opinion 1976-77 #308A
Chance encounter of two or members of a local governing body is not a meeting subject to FOIA, even if the members discuss public business when they see each other, so long as the encounter was not prearranged with the purpose of discussing public business.
-
Attorney General’s Opinion 1974-75 #579
Informal gathering of body’s members to discuss and vote on the election of mayor and vice-mayor violates FOIA.
-
Attorney General’s Opinion 1972-73 #492
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.
-
Attorney General’s Opinion 1971-72 #466
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.