Notice
1999 amendments include some new rules for meeting notices
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FOI Advisory Council Opinion AO-04-24
The exemption for a closed meeting relating to discussion of actual or probable litigation does not require that legal counsel be present at the discussion. Briefings pertaining to actual or probable litigation may be performed by staff members or consultants. Conversely, the exemption for a closed meeting pertaining to consultation with legal counsel employed or…
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Gent v. Adams
Wise County general district court judge rules Town of Pound gave adequate notice of its meeting. Notice in the newspaper isn’t required, and notice on the website wasn’t required because a .com website isn’t an “official government website.” Judge says a .gov domain is required.
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FOI Advisory Council Opinion AO-06-19
Failure to provide notice and take minutes of public meetings as required by FOIA are violations of FOIA. Only a court may rule on whether any particular notice is reasonable under the circumstance for a special, emergency, or continued meeting. Once posted, notices should not be removed before the meeting occurs.
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FOI Advisory Council Opinion AO-04-18
Discusses general open meetings requirements of public bodies and their committees as well as obligations of public bodies in response to a request for public records. A public body is not required to record open meetings itself but must afford the public the opportunity to record the meetings. A committee of a public body is…
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Batterson v. Voorhees
Batterson v. Voorhees, Powhatan County Judge Paul W. Cella
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FOI Advisory Council Opinion AO-06-17
The FOIA Council’s first opinion under its new executive director, Alan Gernhardt, tackles the three-day notice rule for public meetings.
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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-03-09
A task force jointly created by multiple public bodies to advise them is itself a public body subject to FOIA. Likewise, a regional public body provided for by statute and established by the resolutions of several local public bodies is also subject to FOIA. Both must comply with the procedural rules for conducting public meetings.
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FOI Advisory Council Opinion AO-13-07
FOIA allows public bodies to hold closed meetings to discuss the acquisition of real property if holding the discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Absent such jeopardy to the public body’s bargaining position or negotiating strategy, these discussions must be open.
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FOI Advisory Council Opinion AO-08-07
FOIA requires public notice to be given when a public body holds a public meeting. Failure to give the required notice is a violation of FOIA.
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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.
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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.
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FOI Advisory Council Opinion AO-02-04
Public body must follow FOIA’s notice provision, even if planning to go into a closed meeting immediately; closed meeting can only take place within the context of an open meeting. Draft proposal between a city and a county over acquisition of water may be withheld under the exemption for contract negotations, if disclosure would jeopardize…
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FOI Advisory Council Opinion AO-23-03
A meeting notice that omits the exact time of the meeting (or, in certain instances, whether there will be a public comment period) is deficient. A public body does not have an obligation to honor a standing request for agenda items that will be created in the future.
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FOI Advisory Council Opinion AO-06-02
Public body members may waive notice for themselves, but not for the public. Meetings are to be open to both the public and the press, not one or the other. A meeting of three or more members of a public body to discuss public business is to be open to the public, and the notice…
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FOI Advisory Council Opinion AO-43-01
Notice of future meetings must be posted at the clerk’s office and a prominent public location. Though FOIA encourages the use of electronic communication via the Internet, the town’s Web site does not qualify as a prominent public location under FOIA’s meeting notice provisions.
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FOI Advisory Council Opinion AO-18-01
At least three working days’ notice is necessary to announce the change in location of a previously scheduled meeting; updates required everywhere notice is posted, including the Internet.
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FOI Advisory Council Opinion AO-03-01
Regarding requirements for notice and agendas for special or emergency meetings; enforcement
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FOI Advisory Council Opinion AO-13-00
Notice for special or emergency meetings must be reasonable under the circumstances; determination of reasonableness is not within purview of FOI Advisory Council’s duties.
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Attorney General’s Opinion 1999 #075
Under law as it existed prior to July 1, 1999, advance notice of a telephone meeting didn’t need to list all locations from where telephone participation was to take place. Post-July 1, 1999, law says all locations must be identified.
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Shenandoah Publishing House v. Warren County School Board
Decided City Council did not violate FOIA by meeting in closed session; Shenandoah Publishing House Inc. v. The Winchester City Council; Chancery No. 95-156.
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Shenandoah Publishing House v. Warren County School Board
FOIA violations made in good faith do not require the imposition of civil penalties
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Attorney General’s Opinion 1991 #005
Public body satisfies continual request for notice by saying its meetings are held at the same time and same place on the same day each month and that separate notice will be given for special meetings. No additional notice necessary when date, time and place of reconvened meeting is announced at regularly scheduled meeting.
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Attorney General’s Opinion 1984-85 #068
Constitutional officers are not entitled to notice any better or any worse than that given to the general public.
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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…