Meetings
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FOI Advisory Council Opinion AO-03-17
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.
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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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Attorney General Opinion A6-046 2016
Section 24.2-107 of the Code of Virginia requires local electoral boards to post on an official website whatever kinds of minutes they keep, including both draft and final minutes.
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FOI Advisory Council Opinion AO-02-16
A motion to convene a closed meeting that contains a general reference to the subject matter to be discussed does not satisfy the requirement to identify the subject. If a member feels that a closed meeting discussion strays beyond the matters identified in the motion to convene, that member shall make a statement to that…
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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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Attorney General Opinion 15-020_Morris
A blanket prohibition against public comment at public meetings on “specific personnel or student concerns” and speech identifying school officials or employees violates free speech principles, as does a prohibition against all “personal attacks.”
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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-07-15
Generally, FOIA does not prohibit the release of public records or the exercise of free speech. FOIA does not grant special rights to elected officials that differ from those of other Virginia citizens. Real estate appraisals may be withheld until the completion of a proposed purchase, sale, or lease.
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Attorney General Opinion 2015-027
The Attorney General concluded on Sept. 4, 2015, that the Suffolk Wetlands Board does not have to permit public comment during meetings where public comment is not statutorily required. However, “because of the overarching importance of open government and free discussion with citizens,” the AG says that “the Board may from time to time choose…
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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-05-15
Meeting minutes must include a summary of the discussion on matters proposed, deliberated or decided, and a record of any votes taken. A verbatim transcript is not required. A public body has the discretion to include specific comments made at the meeting or not so long as the minutes include the required summary and record…
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FOI Advisory Council Opinion AO-07-13
A committee or advisory group of a public body that performs a delegated function or advises the public body is itself a public body. A committee or advisory group created by an individual to advise that individual is not a public body. In either case, however, records prepared, owned, or possessed by the committee or…
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FOI Advisory Council Opinion AO-04-13
A committee that was created by action of a city council, but does not advise the city council or perform a delegated function of the city council, is not a public body subject to FOIA for meetings purposes. However, records of such a committee that are in the transaction of public business are public records…
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FOI Advisory Council Opinion AO-02-13
FOIA is silent regarding the logistics of holding a public meeting. In a situation where the meeting room lacks the capacity to accommodate all those who wish to attend, the best practice is to move to a larger venue and use technology to increase public access, when possible.
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Hudson v. Pittsylvania County
U.S. Federal District Judge issues permanent injunction against Pittsylvania Board of Supervisors barring the public body from opening meetings with prayers associated with any one religion.
Opinions -
FOI Advisory Council Opinion AO-05-12
Subsection F of § 2.2-3707 requires that agenda packets be made available for public inspection at the same time they are furnished to members of the public body
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Hill v. Fairfax County School Board
The Supreme Court of Virginia rules that the rapid and extensive exchange of emails leading up to a meeting is not itself a meeting triggering FOIA’s requirements.
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Bradford v. Board of Equalization
Bradford v. Board of Equalization (Loudoun General District Court): no violation to demand camera from freelance reporter after the flash accidentally went off.
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Attorney General Opinion 12-9-11
AG reviews 4th Circuit opinions that place limits on when and how sectarian prayers can be invoked at public meetings.
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FOI Advisory Council Opinion AO-05-11
A rescue squad which is a town department is subject to FOIA for records purposes, but is not subject to the open meetings requirements of FOIA.
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FOI Advisory Council Opinion AO-03-10
FOIA provides exemptions from mandatory disclosure for certain records related to closed meetings. However, FOIA does not address whether a mayor may demand that at the conclusion of a closed meeting members of a local governing body give to the mayor any documents distributed or notes taken during the closed meeting.
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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-13-09
A motion to convene a closed meeting must identify the subject of the meeting, state its purpose, and provide a reference to an applicable exemption. Quoting or paraphrasing a statutory exemption states the purpose of the meeting, but does not identify the subject. FOIA places the duty to identify the subject of a closed meeting…
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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-05-09
Boards of equalization are public bodies and are required to keep minutes of their meetings. Even before law takes effect July 1, 2009, minutes should be in writing. Audio recordings cannot be a substitute. Votes must be recorded, though those who vote need not be identified.