CHAPTER 479

An Act to require that meetings and official records of agenctes, boards,
commissions, etc., of the State and local governments, and certain
public organizations, be open to the public; to provide for exceptions;
. to prescribe remedies; and to repeal acts in conflict. HH 602
[ J

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. 3 1. This act may be cited as “The Virginia Freedom of Information

§ 2. The following terms, whenever used or referred to in this act,
shall have the following meanings, respectively, unless a different meaning
clearly appears from the context:

(a) “Meeting” or “meetings’” means the meetings, when sitting as
a body or entity, of any authority, board, bureau, commission, district or
agency of the State or of any political subdivision of the State, including
cities, towns and counties; municipal councils, governing bodies of
counties, school boards and planning commissions; and other organiza-
tions, corporations or agencies in the State, supported wholly or prin-
cipally by public funds. Nothing in this act shall be construed as to define
a meeting as a chance meeting of two or more members of a public body.

(b) “Official records’ means the records pertaining to completed
actions or transactions which the groups, agencies or organizations,
enumerated in subparagraph (a) of this section, are required by statute
to keep and maintain.

(c) “Executive meeting” or “closed meeting” means a meeting from
which the public is excluded.

d) “Open meeting” or “public meeting’? means a meeting at which
the public may be present.

(e) “Public body’ means any of the groups, agencies or organiza-
tions enumerated in subparagraph (a) of this section.

§ 3. (a) Except as otherwise specifically provided by law, all
officials records shall be open to inspection and copying by any citizens of
this State having a personal or legal interest in specified records during
the regular office hours of the custodian of such records. Access to
such records shall not be denied to any such citizen of this State, nor
to representatives of newspapers published in this State, and representa-
tives of radio and television stations located in this State.
thi (5) The following records are excluded from the provisions of

is act:

(1) Memoranda, correspondence, evidence and complaints related
to criminal investigations, and reports submitted to the State Police in
confidence.

(2) Applications for licenses to the Alcoholic Beverage Control Board
and records of investigations connected therewith.

(3) State income tax returns, medical and mental records, scholastic
records, welfare records, adoption records, illegitimate births and per-
sonnel records.

(4) Memoranda, working papers and correspondence held by the
Office of the Governor or the Mayor or other chief executive officer of any
political subdivision of the State.

(5) Memoranda, working papers and records compiled specifically
for use in litigation and material furnished in confidence to said offices.

§ 4. Except as otherwise specifically provided by law and except as
provided in §§ 5 and 6 of this act, all meetings shall be public meetings.
Information as to the time and place of each meeting shall be furnished
to any citizen of this State who requests such information.

5. (a) Executive or closed meetings may be held only for the
following purposes:
(1) Discussion or consideration of employment, assignment, ap-
pointment, promotion, demotion, salaries, disciplining or resignation of
public officers, appointees or employees of any public body. o.

(2) Discussion or consideration of the condition, acquisition or use
of eter for public purpose, or of the disposition of publicly held
property.

(83) The protection of the privacy of individuals in personal matters
not related to public business.

(4) Discussion concerning a prospective business or industry where
no previous announcement has been made of the business’ or industry’s
interest in locating in the community. ,

(5) The investing of public funds where competition or bargaining
are involved, where if made public initially the financial interest of the
governmental unit would be adversely affected. oo.

(6) Consultation with legal counsel pertaining to pending litigation,
or legal matters within the jurisdiction of the public body, including
legal documents, and briefings by staff members, consultants or attorneys.

(7) Discussion of any matter which will be the topic of a public
hearing prior to a final decision, provided that notice of every such public
hearing shall be published generally in the community not less than ten
days prior to such public hearing. ;

No meeting shall become an executive or closed meeting unless
there shall have been recorded an affirmative vote to that effect by the
public body holding such meeting. ;

(c) No resolution, ordinance, rule, contract, regulation or motion
adopted, passed or agreed to in an executive or closed meeting shall become
effective unless such public body, following such meeting, reconvenes in
open meeting and takes a vote of the membership on such resolution,
ordinance, rule, contract, regulation or motion.

(d) Nothing in this section shall be construed to prevent the hold-
ing of conferences between two or more public bodies, or their representa-
ives.

§ 6. The provisions of this act shall not be applicable to delibera-
tions of standing and other committees of the General Assembly, provided
that when bills or other legislative measures are considered in executive
or closed meetings of such committees, final votes thereon shall] be taken
in open meeting; unless such action is in conflict with the rules of the
body of the Genera] Assembly considering such bills or other legislative
matters, under the provisions of Section 47 of the Constitution of Vir-
ginia: legislative interim study commissions and committees, including
the Virginia Code Commission; the Virginia Advisory Legislative Coun-
cil and its committees; study committees or commissions appointed by
the Governor: meetings of committees of the State Board of Education
and committees appointed by the State Board of Education which are held
for the purpose of making recommendations to the State Board of Edu-
cation; boards of visitors or trustees of State-supported institutions of
higher education; parole boards; petit juries; grand juries; and study
commissions or committees appointed by the governing bodies of counties,
cities and towns, provided that no committee or commission appointed by
such governing bodies, the membership of which consists wholly of
members of such governing body, shall be deemed to be study commissions
or committees under the provisions of this section.

§ 7. Any person denied the rights and privileges conferred by this
act may proceed to enforce such rights and privileges by petition for
mandamus or injunction, supported by an affidavit showing good cause,
addressed to the court of record, having jurisdiction of such matters,
of the county or city in which such rights and privileges were so denied.
Any such petition alleging such denial by a board, bureau, commission,
authority, district or agency of the State government or by a standing
or other committee of the General Assembly, shall be addressed to the
Circuit Court of the City of Richmond. Such petition shall be heard
within seven days of the date when the same is made; provided, if such
petition is made outside of the regular terms of the circuit court of a
county which is included in a judicial circuit with another county or coun-
ties, the hearing on such petition shall be given precedence on the docket
6 such court over all cases which are not otherwise given precedence by
aw.

2. All acts and parts of acts in conflict with the provisions of this act
are hereby repealed.

8. If any section, subsection, sentence, part or application of this act
be held unconstitutional by a court of last resort, such holding shall not
affect any other section, sentence, part or application which can be given
effect without the part so held invalid.