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What Is a Closed Meeting and Why Do We Have Them?
Believe it or not, this is the short version! Click here for the more detailed version.
While closed meetings may seem to go against government transparency, they are very important, necessary, and highly regulated by State Code, specifically in the Freedom of Information Act (FOIA). Closed meetings can only be called as part of a public meeting – in other words, the public will always know when one is happening. You'll also know why because the reason must be publicly stated when a board member makes a motion to enter into closed meeting. It may sound like mumbo-jumbo but listen carefully and you'll hear the "why". There are only a few reasons a public body (like the Board of Supervisors, Planning Commission, etc.) can call a closed meeting according to Section 2.2-3711(A) of the Code of Virginia. These are the main ones that apply to local government:
(A)(1) Personnel Matters
(A)(2) Public Property
(A)(4) Protection of the Privacy of Individuals
(A)(5) Prospective Business or Industry or Expansions of Existing Business or Industry
(A)(6) Investing of Public Funds
(A)(7) Legal Matters
(A)(8) Legal Matters
(A)(14) Hazardous Waste Siting
(A)(19) Terrorist Activity
(A)(29) Public Contracts
There are also laws regarding how the public body comes back from a closed meeting (§2.2-3712) including the certification. In open session, each board member must certify that, to the best of their knowledge, only public business matters lawfully exempted from open meeting requirements were discussed and the only matters discussed were the ones they identified in the original motion convening the closed meeting. This is what you’ll sometimes hear a board member refer to as SR-1 – Standing Resolution 1 or the certification of closed meeting.
Perhaps most importantly, the public body cannot take any action in closed meeting. They can only discuss matters and consult with counsel, staff, or other experts who can offer advice on the subject. When they are back in an open meeting, motions can be made, and votes taken. So, while some background discussions may be done in private, no decisions are made; no laws are passed; no one is hired, fired, appointed, etc.; no land is bought or sold; no money is invested; no contracts or agreements are signed. These things must all be done in the presence of the public. Often, a public hearing must be held so the board can hear from citizens, in a public way, about their thoughts or concerns on the matter. But that’s a subject for next time.
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