Notice

1999 amendments include some new rules for meeting notices

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.

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.

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.

Shenandoah Publishing House v. Warren County School Board

FOIA violations made in good faith do not require the imposition of civil penalties

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.

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.

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 in different location.

Attorney General's Opinion 1981-82 #430

Body may meet in executive session at irregular time and place as long as members of the body waive notice and as long as the pass a motion in open session to go into executive session.

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 1977-78 #484

City council and taxpayers' association may meet together as long as FOIA's notice and minutes procedures are followed.

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