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                    VIRIGNIA FREEDOM OF INFORMATION


@ 2.1-341.  Definitions

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

"Criminal incident information" means a general description of the
criminal activity reported, the date and general location the
alleged crime was committed, the identity of the investigating
officer, and a general description  of any injuries suffered or
property damaged or stolen; however, the identity of any victim,
witness, undercover officer, or investigative techniques or
procedures need not but may be disclosed.  The identity of any
individual providing information about a crime or criminal activity
under a promise of anonymity shall not be disclosed.

   "Executive meeting" or "closed meeting" means a meeting from
which the public is excluded.

   "Meeting" or "meetings" means the meetings including work
sessions, when sitting physically, or through telephonic or video
equipment pursuant to @ 2.1-343.1, as a body or entity, or as an
informal assemblage of (i) as many as three members, or (ii) a
quorum, if less than three, of the constituent membership, wherever
held, with or without minutes being taken, whether or not votes are
cast, of any public body, including any legislative body,
authority, board, bureau, commission, district or agency of the
Commonwealth or of any political subdivision of the Commonwealth,
including cities, towns and counties; municipal councils, governing
bodies of counties, school boards and planning commissions; boards
of visitors of state institutions of higher education; and

other organizations, corporations or agencies in the Commonwealth,
supported wholly or principally by public funds. The notice
provisions of this chapter shall not apply to the said informal
meetings or gatherings of the members of the General Assembly.
Nothing in this chapter shall be construed to make unlawful the
gathering or attendance of two or more members of a body or entity
at any place or function where no part of the purpose of such
gathering or attendance is the discussion or transaction of any
public business, and such gathering or attendance was not called or
prearranged with any purpose of discussing or transacting any
business of the body or entity.  The gathering of  employees of a
public body shall not be deemed a "meeting" subject to the
provisions of this chapter.

   No meeting shall be conducted through telephonic, video,
electronic or other  communication means where the members are not
physically assembled to discuss or transact public business, except
as provided in @ 2.1-343.1 or as may specifically be provided in
Title 54.1 for the summary suspension of professional licenses.

   "Official records" means all written or printed books, papers,
letters, documents, maps and tapes, photographs, films, sound
recordings, reports or other material, regardless of physical form
or characteristics, prepared, owned, or in the possession of a
public body or any employee or officer of a public

body in the transaction of public business.

   "Open meeting" or "public meeting" means a meeting at which the
public may be present.

   "Public body" means any of the groups, agencies or organizations
enumerated in the definition of "meeting" as provided in this
section, including any committees or subcommittees of the public
body created to perform delegated functions of the public body or
to advise the public body. Corporations organized by the Virginia
Retirement System, RF&P Corporation and its wholly owned
subsidiaries also are "public bodies" for purposes of this chapter.
   "Scholastic records" means those records, files, documents, and
other materials containing information about a student and
maintained by a public body which is an educational agency or
institution or by a person acting for such agency or institution,
but, for the purpose of access by a student, does not include (i)
financial records of a parent or guardian nor (ii) records of
instructional, supervisory, and administrative personnel and
educational personnel ancillary thereto, which are in the sole
possession of the maker thereof and which are not accessible or
revealed to any other person except a substitute.

HISTORY: 1968, c. 479; 1970, c. 456; 1974, c. 332; 1975, c. 307;
1977, c. 677; 1978, cc. 573, 826; 1979, cc. 369, 687; 1980, c. 754;
1984, c. 252; 1989, c. 358; 1990, c. 538; 1993, cc. 270, 720.

 NOTES: THE 1989 AMENDMENT deleted "respectively" following "the
following meanings" in  the introductory language, added the
paragraph defining "Executive meeting," deleted the designations of
subdivisions (a) through (f), near the beginning of  the first
sentence of the paragraph defining "Meeting," inserted "including
work sessions," inserted "physically, or through telephonic or
video equipment pursuant to @ 2.1-343.1," and added the last
sentence of that paragraph, in the  fourth paragraph inserted
"provided in @ 2.1-343.1 or as," and substituted "Title 54.1" for
"Title 54," deleted a paragraph defining "Executive meeting," and
rewrote the paragraph defining "Public body."   THE 1990 AMENDMENT
added the paragraph defining "Criminal incident information."   THE
1993 AMENDMENTS. --The 1993 amendment by c. 270 added the second
sentence in the paragraph defining "Public body."    The 1993
amendment by c. 720, inserted "public body, including any" in the
first sentence of the first paragraph of the paragraph defining
"Meeting" or "meetings."

LAW REVIEW. --For survey of developments in Virginia administrative
law for the  year 1973-74, see 60 Va. L. Rev. 1446 (1974). For
survey of Virginia law on prisoners' rights for the year 1974-75,
see 61 Va. L. Rev. 1822 (1975). For a discussion of the amendments
to this chapter in the survey of Virginia administrative law for
the year 1975-76, see 62 Va. L. Rev. 1359 (1976); for the year
1976-77, see 63 Va. L. Rev. 1362 (1977).

INFORMATION GATHERING SESSION NOT A "MEETING." --A "meeting," as
defined by this section, did not include a conference where board
of supervisors, without giving notice or keeping minutes, met with
the Attorney General for the purpose of gathering information,
where the board conducted no public business and did not  exclude
the public.  Nageotte v. Board of Supvrs., 223 Va. 259, 288 S.E.2d
423 (1982).   TELEPHONE CONFERENCE CALL NOT A "MEETING." --It was
not the intent of the General Assembly that a telephone conference
call between members of a public body be construed as a "meeting"
of such members.  Roanoke City School Bd. v. Times-World Corp., 226
Va. 185, 307 S.E.2d 256 (1983).


                        Va. Code Ann. @ 2.1-341.1 (1993)

@ 2.1-341.1.  Notice of chapter

   Any person elected, reelected, appointed or reappointed to any
body not excepted from this chapter shall be furnished by the
public body's administrator or legal counsel with a copy of this
chapter within two weeks following election, reelection,
appointment or reappointment.                         Va. Code Ann.

HISTORY: 1976, c. 467.


                         Va. Code Ann. @ 2.1-342 (1993)

@ 2.1-342.  Official records to be open to inspection; procedure
for requesting  records and responding to request; charges;
exceptions to application of chapter

   A. Except as otherwise specifically provided by law, all
official records shall be open to inspection and copying by any
citizens of this Commonwealth during the regular office hours of
the custodian of such records. Access to such records shall not be
denied to citizens of this Commonwealth, representatives of
newspapers and magazines with circulation in this Commonwealth, and
representatives of radio and television stations broadcasting in or
into this Commonwealth.  The custodian of such records shall take
all necessary precautions for their preservation and safekeeping.
Any public body covered under the provisions of this chapter shall
make an initial response to citizens  requesting records open to
inspection within five work days after the receipt of the request
by the public body which is the custodian of the requested records.
Such citizen request shall designate the requested records with
reasonable specificity. A specific reference to this chapter by the
requesting citizen in his request shall not be necessary to invoke
the provisions of this chapter and  the time limits for response by
the public body. The response by the public body within such five
work days shall be one of the following responses:

      1. The requested records shall be provided to the requesting
citizen.

      2. If the public body determines that an exemption applies to
all of the requested records, it may refuse to release such records
and provide to the requesting citizen a written explanation as to
why the records are not available with the explanation making
specific reference to the applicable Code sections which make the
requested records exempt.

      3. If the public body determines that an exemption applies to
a portion of the requested records, it may delete or excise that
portion of the records to

which an exemption applies, disclose the remainder of the requested
records and  provide to the requesting citizen a written
explanation as to why these portions of the record are not
available to the requesting citizen with the explanation making
specific reference to the applicable Code sections which make that
portion of the requested records exempt.  Any reasonably
segregatable portion of an official record shall be provided to any
person requesting the record after the deletion of the exempt
portion.

      4. If the public body determines that it is practically
impossible to provide the requested records or to determine whether
they are available within  the five-work-day period, the public
body shall so inform the requesting citizen and shall have an
additional seven work days in which to provide one of the three
preceding responses.

      Nothing in this section shall prohibit any public body from
petitioning the appropriate court for additional time to respond to
a request for records when the request is for an extraordinary
volume of records and a response by the public body within the time
required by this chapter will prevent the public body from meeting
its operational responsibilities. Before proceeding with this
petition, however, the public body shall make reasonable efforts to
reach an agreement with the requester concerning the production of
the records requested.

The public body may make reasonable charges for the copying, search
time and computer time expended in the supplying of such records;
however, such charges shall not exceed the actual cost to the
public body in supplying such records, except that the public body
may charge, on a pro rata per acre basis, for the cost of creating
topographical maps developed by the public body, for such maps or
portions thereof, which encompass a contiguous area greater than
fifty acres. Such charges for the supplying of requested records
shall be estimated in advance at the request of the citizen.  The
public body may require the advance payment of charges which are
subject to advance determination.

      In any case where a public body determines in advance that
search and copying charges for producing the requested documents
are likely to exceed $200, the public body may, before continuing
to process the request, require the citizen requesting the
information to agree to payment of an amount not to exceed the
advance determination by five percent.  The period within which the
public body must respond under this section shall be tolled for the
amount of time that elapses between notice of the advance
determination and the response of the citizen requesting the
information.

      Official records maintained by a public body on a computer or
other electronic data processing system which are available to the
public under the provisions of this chapter shall be made
reasonably accessible to the public
at reasonable cost.

      Public bodies shall not be required to create or prepare a
particular requested record if it does not already exist. Public
bodies may, but shall not  be required to, abstract or summarize
information from official records or convert an official record
available in one form into another form at the request of the
citizen. The public body shall make reasonable efforts to reach an
agreement with the requester concerning the production of the
records requested.

      Failure to make any response to a request for records shall
be a violation of this chapter and deemed a denial of the request.

   B. The following records are excluded from the provisions of
this chapter but may be disclosed by the custodian in his
discretion, except where such disclosure is prohibited by law:

      1. Memoranda, correspondence, evidence and complaints related
to criminal  investigations; reports submitted to the state and
local police, to investigators authorized pursuant to @ 53.1-16 and
to the campus police departments of public institutions of higher
education as established by Chapter 17 (@ 23-232 et seq.) of Title
23 in confidence; portions of records of local
government crime commissions that would identify individuals
providing information about crimes or criminal activities under a
promise of anonymity; records of local police departments relating
to neighborhood watch programs that include the names, addresses,
and operating schedules of individual participants in the program
that are provided to such departments under a promise of
confidentiality; and all records of persons imprisoned in penal
institutions in  this Commonwealth provided such records relate to
the imprisonment.  Information in the custody of law-enforcement
officials relative to the identity of any individual other than a
juvenile who is arrested and charged, and the status of  the charge
or arrest, shall not be excluded from the provisions of this
chapter.

      Criminal incident information relating to felony offenses
shall not be excluded from the provisions of this chapter; however,
where the release of criminal incident information is likely to
jeopardize an ongoing criminal investigation or the safety of an
individual, cause a suspect to flee or evade detection, or result
in the destruction of evidence, such information may be withheld
until the above-referenced damage is no longer likely to occur from
release of the information.

      2. Confidential records of all investigations of applications
for licenses and all licensees made by or submitted to the
Alcoholic Beverage Control Board or the State Lottery Department.

3. State income, business, and estate tax returns, personal
property tax returns, scholastic records and personnel records
containing information concerning identifiable individuals, except
that such access shall not be denied to the person who is the
subject thereof, and medical and mental records, except that such
records can be personally reviewed by the subject person or a
physician of the subject person's choice; however, the subject
person's mental records may not be personally reviewed by such
person when the subject person's  treating physician has made a
part of such person's records a written statement  that in his
opinion a review of such records by the subject person would be
injurious to the subject person's physical or mental health or
well-being.

      Where the person who is the subject of medical records is
confined in a state or local correctional facility, the
administrator or chief medical officer of such facility may assert
such confined person's right of access to the medical records if
the administrator or chief medical officer has reasonable cause to
believe that such confined person has an infectious disease or
other medical condition from which other persons so confined need
to be protected. Medical records shall be reviewed only and shall
not be copied by such administrator or chief medical officer. The
information in the medical records of a person so confined shall
continue to be confidential and shall not be disclosed to any
person except the subject by the administrator or chief medical
officer of the facility or except as provided by law.

For the purposes of this chapter such statistical summaries of
incidents and statistical data concerning patient abuse as may be
compiled by the Commissioner of the Department of Mental Health,
Mental Retardation and Substance Abuse Services shall be open to
inspection and releasable as provided  in subsection A of this
section. No such summaries or data shall include any
patient-identifying information. Where the person who is the
subject of scholastic or medical and mental records is under the
age of eighteen, his right of access may be asserted only by his
guardian or his parent, including a noncustodial parent, unless
such parent's parental rights have been terminated or a court of
competent jurisdiction has restricted or denied such access. In
instances where the person who is the subject thereof is an
emancipated minor or a student in a state-supported institution of
higher education, such right of access may be asserted by the
subject person.

      4. Memoranda, working papers and correspondence held or
requested by members of the General Assembly or by the office of
the Governor or Lieutenant Governor, Attorney General or the mayor
or other chief executive officer of any  political subdivision of
the Commonwealth or the president or other chief executive officer
of any state-supported institution of higher education. This
exclusion shall not apply to memoranda, studies or other papers
held or requested by the mayor or other chief executive officer of
any political subdivision which are specifically concerned with the
evaluation of
performance of the duties and functions of any locally elected
official and were prepared after June 30, 1992.

      5. Written opinions of the city, county and town attorneys of
the cities,  counties and towns in the Commonwealth and any other
writing protected by the attorney-client privilege.

      6. Memoranda, working papers and records compiled
specifically for use in  litigation or as a part of an active
administrative investigation concerning a matter which is properly
the subject of an executive or closed meeting under @ 2.1-344 and
material furnished in confidence with respect thereto.

      7. Confidential letters and statements of recommendation
placed in the records of educational agencies or institutions
respecting (i) admission to any  educational agency or institution,
(ii) an application for employment, or (iii)  receipt of an honor
or honorary recognition.

      8. Library records which can be used to identify both (i) any
library patron who has borrowed material from a library and (ii)
the material such patron borrowed.

9. Any test or examination used, administered or prepared by any
public body for purposes of evaluation of (i) any student or any
student's performance, (ii) any employee or employment seeker's
qualifications or aptitude for employment, retention, or promotion,
or (iii) qualifications for any license or  certificate issued by
any public body.

      As used in this subdivision 9, "test or examination" shall
include (i) any scoring key for any such test or examination, and
(ii) any other document which  would jeopardize the security of
such test or examination. Nothing contained in  this subdivision 9
shall prohibit the release of test scores or results as provided by
law, or limit access to individual records as is provided by law.
However, the subject of such employment tests shall be entitled to
review and inspect all documents relative to his performance on
such employment tests.

      When, in the reasonable opinion of such public body, any such
test or examination no longer has any potential for future use, and
the security of future tests or examinations will not be
jeopardized, such test or examination shall be made available to
the public. However, minimum competency tests administered to
public school children shall be made available to the public
contemporaneously with statewide release of the scores of those
taking such tests, but in no event shall such tests be made
available to the public later than six months after the
administration of such tests.

10. Applications for admission to examinations or for licensure and
scoring records maintained by the Department of Health Professions
or any board  in that department on individual licensees or
applicants. However, such material may be made available during
normal working hours for copying, at the requester's expense, by
the individual who is the subject thereof, in the offices of the
Department of Health Professions or in the offices of any health
regulatory board, whichever may possess the material.

      11. Records of active investigations being conducted by the
Department of  Health Professions or by any health regulatory board
in the Commonwealth.

      12. Memoranda, legal opinions, working papers and records
recorded in or compiled exclusively for executive or closed
meetings lawfully held pursuant to  @ 2.1-344.

      13. Reports, documentary evidence and other information as
specified in @@ 2.1-373.2 and 63.1-55.4.

      14. Proprietary information gathered by or for the Virginia
Port Authority as provided in @ 62.1-132.4 or @ 62.1-134.1.

15. Contract cost estimates prepared for the confidential use of
the Department of Transportation in awarding contracts for
construction or the purchase of goods or services and records,
documents and automated systems prepared for the Department's Bid
Analysis and Monitoring Program.

      16. Vendor proprietary information software which may be in
the official records of a public body. For the purpose of this
section, "vendor proprietary software" means computer programs
acquired from a vendor for purposes of processing data for agencies
or political subdivisions of this Commonwealth.

      17. Data, records or information of a proprietary nature
produced or collected by or for faculty or staff of state
institutions of higher learning, other than the institutions'
financial or administrative records, in the conduct of or as a
result of study or research on medical, scientific, technical or
scholarly issues, whether sponsored by the institution alone or in
conjunction with a governmental body or a private concern, where
such data, records or information has not been publicly released,
published, copyrighted or patented.

      18. Financial statements not publicly available filed with
applications for industrial development financings.

19. Lists of registered owners of bonds issued by a political
subdivision  of the Commonwealth, whether the lists are maintained
by the political subdivision itself or by a single fiduciary
designated by the political subdivision.

      20. Confidential proprietary records, voluntarily provided by
private business pursuant to a promise of confidentiality from the
Department of Economic Development, used by that Department for
business, trade and tourism development.
      21. Information which was filed as confidential under the
Toxic Substances Information Act (@ 32.1-239 et seq.), as such Act
existed prior to July 1, 1992.

      22. Documents as specified in @ 58.1-3.

      23. Confidential records, including victim identity, provided
to or obtained by staff in a rape crisis center or a program for
battered spouses.

      24. Computer software developed by or for a state agency,
state-supported  institution of higher education or political
subdivision of the Commonwealth.

25. Investigator notes, and other correspondence and information,
furnished in confidence with respect to an active investigation of
individual employment discrimination complaints made to the
Department of Personnel and Training; however, nothing in this
section shall prohibit the disclosure of information taken from
inactive reports in a form which does not reveal the identity of
charging parties, persons supplying the information or other
individuals involved in the investigation.

      26. Fisheries data which would permit identification of any
person or vessel, except when required by court order as specified
in @ 28.2-204.

      27. Records of active investigations being conducted by the
Department of  Medical Assistance Services pursuant to Chapter 10
(@ 32.1-323 et seq.) of Title 32.1.

      28. Documents and writings furnished by a member of the
General Assembly to a meeting of a standing committee, special
committee or subcommittee of his house established solely for the
purpose of reviewing members' annual disclosure statements and
supporting materials filed under @ 2.1-639.40 or of formulating
advisory opinions to members on standards of conduct, or both.

29. Customer account information of a public utility affiliated
with a political subdivision of the Commonwealth, including the
customer's name and service address, but excluding the amount of
utility service provided and the amount of money paid for such
utility service.

      30. Investigative notes and other correspondence and
information furnished in confidence with respect to an
investigation or conciliation process involving an alleged unlawful
discriminatory practice under the Virginia Human Rights Act  (@
2.1-714 et seq.); however, nothing in this section shall prohibit
the distribution of information taken from inactive reports in a
form which does not reveal the identity of the parties involved or
other persons supplying information.

      31. Investigative notes; proprietary information not
published, copyrighted or patented; information obtained from
employee personnel records; personally identifiable information
regarding residents, clients or other recipients of services; and
other correspondence and information furnished in confidence to the
Department of Social Services in connection with an active
investigation of an applicant or licensee pursuant to Chapters 9 (@
63.1-172 et  seq.) and 10 (@ 63.1-195 et seq.) of Title 63.1;
however, nothing in this section shall prohibit disclosure of
information from the records of completed investigations in a form
that does not reveal the identity of complainants,
persons supplying information, or other individuals involved in the
investigation.

      32. Reports, manuals, specifications, documents, minutes or
recordings of  staff meetings or other information or materials of
the Virginia Board of Corrections, the Virginia Department of
Corrections or any institution thereof to the extent, as determined
by the Director of the Department of Corrections or his designee or
of the Virginia Board of Youth and Family Services, the Virginia
Department of Youth and Family Services or any facility thereof to
the extent as determined by the Director of the Department of Youth
and Family Services, or his designee, that disclosure or public
dissemination of such materials would jeopardize the security of
any correctional or juvenile facility or institution, as follows:

         (i) Security manuals, including emergency plans that are
a part thereof;

         (ii) Engineering and architectural drawings of
correctional and juvenile facilities, and operational
specifications of security systems utilized by the Departments,
provided the general descriptions of such security systems,  cost
and quality shall be made available to the public;

(iii) Training manuals designed for correctional and juvenile
facilities to the extent that they address procedures for
institutional security, emergency plans and security equipment;

         (iv) Internal security audits of correctional and juvenile
facilities,  but only to the extent that they specifically disclose
matters described in (i), (ii), or (iii) above or other specific
operational details the disclosure of which would jeopardize the
security of a correctional or juvenile facility or institution;

         (v) Minutes or recordings of divisional, regional and
institutional staff meetings or portions thereof to the extent that
such minutes deal with security issues listed in (i), (ii), (iii),
and (iv) of this subdivision;

         (vi) Investigative case files by investigators authorized
pursuant to @ 53.1-16; however, nothing in this section shall
prohibit the disclosure of information taken from inactive reports
in a form which does not reveal the identity of complainants or
charging parties, persons supplying information, confidential
sources, or other individuals involved in the investigation, or
other specific operational details the disclosure of which would
jeopardize the  security of a correctional or juvenile facility or
institution; nothing herein shall permit the disclosure of
materials otherwise exempt as set forth in
subdivision 1 of subsection B of this section;

         (vii) Logs or other documents containing information on
movement of inmates, juvenile clients or employees; and

         (viii) Documents disclosing contacts between inmates,
juvenile clients  and law-enforcement personnel.

      Notwithstanding the provisions of this subdivision, reports
and information regarding the general operations of the
Departments, including notice that an escape has occurred, shall be
open to inspection and copying as provided in this section.

      33. Personal information, as defined in @ 2.1-379, (i) filed
with the Virginia Housing Development Authority concerning
individuals who have applied for or received loans or other housing
assistance or who have applied for occupancy of or have occupied
housing financed, owned or otherwise assisted by the Virginia
Housing Development Authority, (ii) concerning persons
participating in or persons on the waiting list for federally
funded rent-assistance programs, or (iii) filed with any local
redevelopment and housing authority created pursuant to @ 36-4
concerning persons participating in or persons on the waiting list
for housing assistance programs funded by local
governments or by any such authority.  However, access to one's own
information  shall not be denied.

      34. Documents regarding the siting of hazardous waste
facilities, except as provided in @ 10.1-1441, if disclosure of
them would have a detrimental effect upon the negotiating position
of a governing body or on the establishment of the terms,
conditions and provisions of the siting agreement.

      35. Appraisals and cost estimates of real property subject to
a proposed purchase, sale or lease, prior to the completion of such
purchase, sale or lease.

      36. Records containing information on the site specific
location of rare,  threatened, endangered or otherwise imperiled
plant and animal species, natural  communities, caves, and
significant historic and archaeological sites if, in the opinion of
the public body which has the responsibility for such information,
disclosure of the information would jeopardize the continued
existence or the integrity of the resource.  This exemption shall
not apply to requests from the  owner of the land upon which the
resource is located.

      37. Official records, memoranda, working papers, graphics,
video or audio  tapes, production models, data and information of
a proprietary nature

produced by or for or collected by or for the State Lottery
Department relating  to matters of a specific lottery game design,
development, production, operation, ticket price, prize structure,
manner of selecting the winning ticket, manner of payment of prizes
to holders of winning tickets, frequency of  drawings or selections
of winning tickets, odds of winning, advertising, or marketing,
where such official records have not been publicly released,
published, copyrighted or patented.  Whether released, published or
copyrighted, all game-related information shall be subject to
public disclosure under this chapter upon the first day of sales
for the specific lottery game to which it pertains.

      38. Official records of studies and investigations by the
State Lottery Department of (i) lottery agents, (ii) lottery
vendors, (iii) lottery crimes under @@ 58.1-4014 through 58.1-4018,
(iv) defects in the law or regulations which cause abuses in the
administration and operation of the lottery and any evasions of
such provisions, or (v) use of the lottery as a subterfuge for
organized crime and illegal gambling where such official records
have not been publicly released, published or copyrighted.  All
studies and investigations referred to under subdivisions (iii),
(iv) and (v) shall be subject to public disclosure under this
chapter upon completion of the study or investigation.

39. Those portions of engineering and construction drawings and
plans submitted for the sole purpose of complying with the building
code in obtaining  a building permit which would identify specific
trade secrets or other information the disclosure of which would be
harmful to the competitive position of the owner or lessee;
however, such information shall be exempt only until the building
is completed. Information relating to the safety or environmental
soundness of any building shall not be exempt from disclosure.

      40. [Repealed.]

      41. Records concerning reserves established in specific
claims administered by the Department of General Services through
its Division of Risk  Management as provided in Article 5.1 (@
2.1-526.1 et seq.) of Chapter 32 of this title, or by any county,
city, or town.

      42. Information and records collected for the designation and
verification of trauma centers and other specialty care centers
within the Statewide Emergency Medical Care System pursuant to @
32.1-112.

      43. Reports and court documents required to be kept
confidential pursuant  to @ 37.1-67.3.

44. [Repealed.]
      45. Investigative notes; correspondence and information
furnished in confidence with respect to an investigation; and
official records otherwise exempted by this chapter or any Virginia
statute, provided to or produced by or  for the Auditor of Public
Accounts and the Joint Legislative Audit and Review Commission; or
investigative notes, correspondence, documentation and information
furnished and provided to or produced by or for the Department of
the State Internal Auditor with respect to an investigation
initiated through the State Employee Fraud, Waste and Abuse
Hotline; however, nothing in this chapter shall prohibit disclosure
of information from the records of completed investigations in a
form that does not reveal the identity of complainants, persons
supplying information or other individuals involved in the
investigation.

      46. Data formerly required to be submitted to the
Commissioner of Health relating to the establishment of new or
expansion of existing clinical health services, acquisition of
major medical equipment, or certain projects requiring  capital
expenditures pursuant to former @ 32.1-102.3:4.

      47. Documentation or other information which describes the
design, function, operation or access control features of any
security system, whether
manual or automated, which is used to control access to or use of
any automated  data processing or telecommunications system.

      48. Confidential financial statements, balance sheets, trade
secrets, and  revenue and cost projections provided to the
Department of Rail and Public Transportation, provided such
information is exempt under the federal Freedom of Information Act
or the federal Interstate Commerce Act or other laws administered
by the Interstate Commerce Commission or the Federal Rail
Administration with respect to data provided in confidence to the
Interstate Commerce Commission and the Federal Railroad
Administration.

      49. In the case of corporations organized by the Virginia
Retirement System, RF&P Corporation and its wholly owned
subsidiaries, (i) proprietary information provided by, and
financial information concerning, coventurers, partners, lessors,
lessees, or investors, and (ii) records concerning the condition,
acquisition, disposition, use, leasing, development, coventuring,
or  management of real estate the disclosure of which would have a
substantial adverse impact on the value of such real estate or
result in a competitive disadvantage to the corporation or
subsidiary.

      50. Confidential proprietary records related to inventory and
sales, voluntarily provided by private energy suppliers to the
Department of Mines,
Minerals and Energy, used by that Department for energy contingency
planning purposes or for developing consolidated statistical
information on energy supplies.

      51. Confidential proprietary information furnished to the
Board of Medical Assistance Services or the Medicaid Prior
Authorization Advisory Committee pursuant to Article 4 (@
32.1-331.12 et seq.) of Chapter 10 of Title 32.1.

      52. Patient level data collected by the Virginia Health
Services Cost Review Council and not yet processed, verified, and
released, pursuant to @ 9-166.7, to the Council by the nonprofit
organization with which the Executive Director has contracted
pursuant to @ 9-166.4.

      53. Proprietary, commercial or financial information, balance
sheets, trade secrets, and revenue and cost projections provided by
a private transportation business to the Virginia Department of
Transportation and the Department of Rail and Public Transportation
for the purpose of conducting transportation studies needed to
obtain grants or other financial assistance under the Intermodal
Surface Transportation Efficiency Act of 1991 (P.L. 102-240) for
transportation projects, provided such information is exempt under
the federal Freedom of Information Act or the federal Interstate
Commerce Act or other laws administered by the Interstate Commerce
Commission or the Federal
Rail Administration with respect to data provided in confidence to
the Interstate Commerce Commission and the Federal Railroad
Administration. However, the exemption provided by this subdivision
shall not apply to any wholly owned subsidiary of a public body.

      54. Names and addresses of subscribers to Virginia Wildlife
magazine, published by the Department of Game and Inland Fisheries,
provided the individual subscriber has requested in writing that
the Department not release such information.


   C. Neither any provision of this chapter nor any provision of
Chapter 26 (@ 2.1-377 et seq.) of this title shall be construed as
denying public access to contracts between a public official and a
public body, other than contracts settling public employee
employment disputes held confidential as personnel records under
subdivision 3 of subsection B of this section, or to records of the
position, job classification, official salary or rate of pay of,
and to records of the allowances or reimbursements for expenses
paid to, any public officer, official or employee at any level of
state, local or regional government in this Commonwealth or to the
compensation or benefits paid by any corporation organized by the
Virginia Retirement System, RF&P Corporation and its wholly owned
subsidiaries, to their officers or employees. The provisions of
this subsection, however, shall not apply to records of the
official salaries or rates of pay of public employees whose annual
rate of pay is $10,000 or less.

HISTORY: 1968, c. 479; 1973, c. 461; 1974, c. 332; 1975, cc. 307,
312; 1976, cc. 640, 709; 1977, c. 677; 1978, c. 810; 1979, cc. 682,
684, 686, 689; 1980, cc. 678, 754; 1981, cc. 456, 464, 466, 589;
1982, cc. 225, 449, 452, 560, 635; 1983, cc. 372, 462, 607; 1984,
cc. 85, 395, 433, 513, 532; 1985, cc. 81, 155, 502, 618; 1986, cc.
273, 291, 383, 469, 592; 1987, cc. 401, 491, 581; 1988, cc. 39,
151, 395, 411, 891, 902; 1989, cc. 56, 358, 478; 1990, cc. 217,
538, 721, 819, 968; 1991, cc. 213, 561; 1992, cc. 40, 150, 167,
200, 203, 207, 593, 612; 1993,  cc. 205, 270, 296, 537, 552, 638,
750, 883.

 NOTES: CROSS REFERENCES. --For provisions as to confidentiality of
records of the ombudsman program of the Department for the Aging,
see @ 2.1-373.2.  For provision that the Freedom of Information Act
shall not apply to certified abstracts of votes or any other
documents used by the State Board of Elections in ascertaining the
results of an election until such results have been finally
determined by the Board, see @ 24.1-152.   EDITOR'S NOTE. --Acts
1990, c. 968, cl. 2 provided that the amendatory provisions of the
1990 act would become effective on July 1, 1991.  However, Acts
1991, c. 571, cl. 1 amended Acts 1990, c. 968, cl. 2 so that the

amendatory provisions of the 1990 act are effective on July 1,
1992.   THE 1986 AMENDMENTS. --Acts 1986, c. 273 added subdivision
(b)(25).    Acts 1986, c. 291 inserted the language beginning with
"to contracts between  a public official" and ending with "under
subdivision (3) of subsection (b) of this section, or" in
subsection (c).    Acts 1986, c. 383 substituted the present fourth
and fifth sentences of subdivision (b)(3) for the former fourth
sentence thereof, which read "Where the person who is the subject
of scholastic or medical and mental records is under the age of
eighteen, his right of access may be asserted only by his parent or
guardian, except in instances where the person who is the subject
thereof is an  emancipated minor or a student in a state-supported
institution of higher education."    Acts 1986, c. 469 substituted
the present fourth and fifth sentences of subdivision (b)(3) for
the former fourth sentence thereof, which read "Where the person
who is the subject of scholastic or medical and mental records is
under the age of eighteen, his right of access may be asserted only
by his parent or guardian, except in instances where the person who
is the subject thereof is an  emancipated minor or a student in a
state-supported institution of higher education" and in subdivision
(b)(24) substituted "however" for "provided, however."    Acts
1986, c. 592 substituted "however" for "provided however" in
subdivision (b)(24) and added subdivisions (b)(26) and (b)(27).
THE 1987 AMENDMENTS. --The first 1987 amendment inserted "except
that the public body may charge, on a pro rata per acre basis, for
the cost of creating topographical maps developed by the public
body, for such maps or portions thereof, which encompass a
contiguous area greater than fifty acres" at the end  of the
next-to-last sentence of subsection (a) and substituted "Department
of Transportation" for "Department of Highways and Transportation"
in subdivision (b) (14).    The second 1987 amendment added
subdivision (b) (28).    The third 1987 amendment substituted
"Department of Transportation" for "Department of Highways and
Transportation" in subdivision (b) (14) and added subdivision (b)
(29).   THE 1988 AMENDMENTS. --Acts 1988, c. 39 redesignated
subsections (a) through (c) as subsections A through C,
redesignated subdivisions (1) through (29) as subdivisions 1
through 30, substituted "subsection A of this section" for
"Subsection (a) above" in the second sentence of subsection B 3,
added the language after "goods or services" at the end of
subsection B 15, deleted "Title 32.1" prior to "regardless" in
subsection B 21, substituted "@ 2.1-639.40" for "@ 2.1-612" in
subsection B 28, and deleted "whatsoever" following "Commonwealth"
at the end of the first sentence of subsection C.
Acts 1988, c. 151 inserted subsection B 31.    Acts 1988, c. 395
inserted "to investigators authorized pursuant to @ 53.1-16 and to"
following "local police" in subdivision B 1, substituted "of this
section" for "above" at the end of the second sentence in
subdivision B 3, substituted "@ 2.1-639.40" for "@ 2.1-612" in
subdivision B 27 and added subdivision B 32.    Acts 1988, c. 411
redesignated subsections (a) through (c) as subsections A through
C, redesignated subdivisions B (1) through B (29) as subdivisions
B 1 through B 30, substituted "A of this section" for "(a) above"
in the second sentence of subdivision B 3, substituted "@
2.1-639.40" for "@ 2.1-612" in subdivision B 28 and added
subdivision B 32.    Acts 1988, c. 891 deleted "(i) in subdivision
2 of subsection B of @ 10-294,  and (ii)" preceding "in @ 58.1-3"
at the end of subdivision B 22, substituted "@ 2.1-639.40" for
"2.1-612" in subdivision B 28, and added subdivision B 34. In
addition, the amendment redesignated the subsections and
subdivisions of this section and made minor stylistic changes.
Acts 1988, c. 902 added the second paragraph of subdivision B 3,
and in subdivision B 28 substituted "@ 2.1-639.40" for "2.1-612."
In addition, the amendment redesignated the subsections and
subdivisions and made minor stylistic changes.   THE 1989
AMENDMENTS. --The 1989 amendment by c. 56, in subsection A,
substituted "citizens of this Commonwealth, representatives" for
"any such citizen of this Commonwealth, nor to representatives" in
the first sentence, substituted "such charges shall not exceed" for
"in no event shall such charges  exceed" near the beginning of the
second paragraph; in subdivision B 1 inserted  the language
beginning "portions of records" and ending "promise of anonymity,"
and deleted "said" preceding "imprisonment" at the end of the first
sentence, substituted "Professions" for "Regulatory Boards" in
subdivisions B 10 and 11, inserted "the" preceding "subject
thereof" in the last sentence of subdivision B 10, and substituted
"or @ 62.1-134.1" for "@ 62.1-134.1 or" in subdivision B 14.    The
1989 amendment by c. 358 rewrote this section, making, among other
changes, the same changes made by Acts 1989, c. 56.    The 1989
amendment by c. 478, effective March 22, 1989, in subsection A,
substituted "citizens" for "any such citizen" in the second
sentence, and substituted "such charges shall not exceed" for "in
no event shall such charges  exceed" in the next to last sentence;
in subsection B, deleted "said" preceding  "imprisonment" in the
first sentence of subdivision 1, substituted "Professions" for
"Regulatory Boards" in two places in subdivision 10 and in
subdivision 11, in subdivision 32 (vi), substituted "subdivision 1
of subsection B of @ 2.1-342" for "@ 2.1-342 (b) (1)," and added
present subdivisions 37 and 38, all of which  changes were also
made by Acts 1989, c. 358. In addition, Acts 1989, c. 478 added "or
the State Lottery Department" at the end of subdivision B 2.

THE 1990 AMENDMENTS. --The 1990 amendment by c. 217 deleted
"circuit" preceding  "court" in the first sentence of the first
paragraph of subsection A following subdivision A 4; and
substituted "applications for licenses and all licensees" for
"applications for licensees and all licenses" in subdivision B 2.
  The 1990 amendment by c. 538, in subsection A, in the next to the
last sentence of the introductory paragraph deleted "records"
following "citizen in his" and inserted "provisions of this chapter
and the," and added the last sentence of the next to the last
paragraph; and in subsection B, added the second paragraph of
subdivision 1, in subdivision 2 substituted "licenses" for
"licensees" and "licensees" for "licenses," substituted
"requester's" for "requestor's" in the second sentence of
subdivision 10, in subdivision 33 deleted "or" preceding "(ii)" and
inserted the language beginning "or (iii) filed" and ending "any
such authority," and added subdivision 41.    The 1990 amendment by
c. 721, effective April 9, 1990, substituted "preceding" for
"preceeding" in subdivision A 4; and in subsection B, substituted
"has not been" for "have not been" in subdivision 17, and added
subdivision 40.    The 1990 amendment by c. 819 added subdivisions
B 42 and B 43.    The 1990 amendment by c. 968, effective July 1,
1992, in subdivision A 4 substituted "preceding" for "preceeding";
and in subsection B, substituted "has  not been" for "have not
been" in subdivision 17, and added subdivision 44.

THE 1991 AMENDMENTS. --The 1991 amendment by c. 213 substituted
"institution" for "institutions" in subdivision B 4 and added
subdivision B 45.    The 1991 amendment by c. 561 added subdivision
B 46.   THE 1992 AMENDMENTS. --The 1992 amendment by c. 40 added
subdivision B 47.    The 1992 amendment by c. 150, in subdivision
B 32, in the introductory language, inserted "or of the Virginia
Board of Youth and Family Services, the Virginia Department of
Youth and Family Services or any facility thereof to the  extent as
determined by the Director of the Department of Youth and Family
Services, or his designee," and inserted "or juvenile," in clause
(ii) inserted  "and juvenile," and substituted "Departments" for
"Department," inserted "and juvenile" in clause (iii), in clause
(iv) inserted "and juvenile" and inserted "or juvenile," inserted
"or juvenile" in clause (vi), inserted "juvenile clients" in clause
(vii), inserted "juvenile clients" in clause (viii), and
substituted "Departments" for "Department" in the last paragraph.
  The 1992 amendment by c. 167 added subdivision B 48.    The 1992
amendment by c. 200, in subsection B, repealed subdivision 40 which
read: "Trade secret information furnished to the board of Medical
Assistance Services or the Medicaid New Drug Review Committee
pursuant to Article 2 (@ 32.1-331.1 et seq.) of Chapter 10 of Title
32.1," and repealed subdivision 44 which read: "(Effective July 1,
1992) Trade secret information furnished to the  Board of Medical
Assistance Services or the Virginia Medicaid Formulary

Committee pursuant to Article 3 (@ 32.1-331.6 et seq.) of Chapter
10 of Title 32.1."    The 1992 amendment by c. 203 in subdivision
B 21 substituted "Information which was filed" for "Information
which meets the criteria for being filed," deleted "regardless of
how or when it is used by authorized persons in regulatory
processes" following "(@ 32.1-239 et seq.)," and added "as such Act
existed prior to July 1, 1992."    The 1992 amendment by c. 207
inserted the language beginning "records of local police
departments" and ending "under a promise of confidentiality" in the
first sentence of the first paragraph of subdivision B 1.    The
1992 amendment by c. 593 added the second sentence in subdivision
B 4.    The 1992 amendment by c. 612, in subsection B, in
subdivision 46 inserted "formerly" and "former."   THE 1993
AMENDMENTS. --The 1993 amendment by c. 205 inserted the language
beginning "or investigative notes" and ending "the State Employee
Fraud, Waste and Abuse Hotline" near the middle of subdivision B
45.    The 1993 amendment by c. 270 added subdivision B 49, and
added the language beginning "or to the compensation" in the first
sentence of subsection C.    The 1993 amendment by c. 296 added
subdivision B 50.    The 1993 amendment by c. 537 added subdivision
B 51.    The 1993 amendment by c. 552, in subdivision B 20,
substituted "pursuant to
a promise of confidentiality from" for "to the Division of Tourism
of," and substituted "Department for business, trade and tourism
development" for "Division periodically to indicate to the public
statistical information on tourism visitation to Virginia
attractions and accommodations."    The 1993 amendment by c. 638
added subdivision B 52.    The 1993 amendment by c. 750 added
subdivision B 53.    The 1993 amendment by c. 883 added subdivision
B 54.   LAW REVIEW. --For survey of developments in Virginia
administrative law for the  year 1973-74, see 60 Va. L. Rev. 1446
(1974). For survey of Virginia law on prisoners' rights for the
year 1974-75, see 61 Va. L. Rev. 1822 (1975). For a discussion of
the amendments to this chapter in the survey of Virginia
administrative law for the year 1975-76, see 62 Va. L. Rev. 1359
(1976); for the year 1976-77, see 63 Va. L. Rev. 1362 (1977). For
survey of Virginia administrative law and utility regulation for
the year 1978-1979, see 66 Va. L.  Rev. 193 (1980).

POLICY OF OPENNESS DOES NOT OVERRIDE NEED FOR CONFIDENTIALITY IN
EVERY CIRCUMSTANCE. --Although the General Assembly sought to
ensure public access to  governmental records and meetings, to
avoid an "atmosphere of secrecy" in the conduct of government
affairs, and to encourage resolution of disputes in these  areas
through agreement rather than litigation, the General Assembly does
consider the policy absolute, however, and currently has identified
44 instances in which certain information is exempt from mandatory
disclosure; taken together, these exemptions reflect the General
Assembly's determination that the policy of openness does not
override the need for confidentiality in every circumstance, that
the best interests of the Commonwealth may require that certain
governmental records and activities not be subject to compelled
disclosure.  Taylor v. Worrell Enters., Inc., 242 Va. 219, 409
S.E.2d 136 (1991).   AN ADMINISTRATIVE REQUEST IS A CONDITION
PRECEDENT TO JUDICIAL REMEDIES. --An administrative request for
minutes or other records is a condition precedent to  judicial
remedies under the act.  Hale v. Washington County School Bd., 241
Va.  76, 400 S.E.2d 175 (1991).

WHEN PRIOR REQUEST FOR RECORDS
NOT REQUIRED. --Where records exist, the legislative purpose was to
require a request addressed to the public body, followed by a
refusal, as a condition precedent to judicial proceedings for the
production of those records.  However, the act cannot be read to
require either  a request for records when the relief requested
does not involve production of records, or a fruitless request for
records which the requester knows to be nonexistent.  Hale v.
Washington County School Bd., 241 Va. 76, 400 S.E.2d 175 (1991).
Where school board superintendent alleged the nonexistence of any
minutes of  a closed meeting, the superintendent obviated any need
to allege a prior request for, and denial of, those records.  Hale
v. Washington County School Bd., 241 Va. 76, 400 S.E.2d 175 (1991).

 THE JURY LIST IS NOT AN "OFFICIAL RECORD" within the intent and
meaning of the provisions of this chapter.  Archer v. Mayes, 213
Va. 633, 194 S.E.2d 707 (1973).

AGENCY EMPLOYEE NOT AUTHORIZED TO
REMOVE AND PUBLISH AGENCY DOCUMENT. --This section gives no agency
employee the right to remove a report or document from the files
and records of the agency and to publish it.  Jurgensen v. Fairfax
County, 745 F.2d 868 (4th Cir. 1984).

SECTION DOES NOT AUTHORIZE
REMOVAL OF DOCUMENTS IN VIOLATION OF DEPARTMENTAL REGULATION.
--This section relates only to the right to inspect and copy
"during regular office hours" in the office of the "custodian" of
"official records." It plainly did not clothe a police department
employee with the right to remove files, reports or documents from
the police department in knowing violation of his obligation as an
employee under the regulations of the department. Jurgensen v.
Fairfax County, 745 F.2d 868 (4th Cir. 1984).

REGULATION GRANTING CERTAIN OFFICERS EXCLUSIVE AUTHORITY TO MAKE
REPORTS PUBLIC  WAS NOT UNREASONABLE. --A police department
regulation which prescribed a formula for processing applications
for the exercise of the right to inspect and copy reports by
identifying the specific officers in the department with the
exclusive authority to make a report public was not invalid for
repugnancy to this chapter. There is nothing either illegal or
unreasonable in such a regulation.  Jurgensen v. Fairfax County,
745 F.2d 868 (4th Cir. 1984).

LIST OF TELEPHONE CALLS BY GOVERNOR
DOES NOT NEED TO BE DISCLOSED. --Itemized list of long distance
telephone calls placed by the governor's office does not need to be
disclosed when requested pursuant to the Freedom of Information
Act;  a legislatively imposed disclosure requirement would
constitute a violation of the separation of powers doctrine because
disclosure of the information in question would unduly interfere
with the chief executive officer's ability to perform his duties,
and is not warranted by an overriding need to promote a policy of
open government in this instance; therefore, the information at
issue  fell within the subdivision B 4 exemption and was not
subject to compelled disclosure under the act.  Taylor v. Worrell
Enters., Inc., 242 Va. 219, 409 S.E.2d 136 (1991).   APPLIED in
LeMond v. McElroy, 239 Va. 515, 391 S.E.2d 309 (1990).


                         Va. Code Ann. @ 2.1-343 (1993)

@ 2.1-343.  Meetings to be public; notice of meetings; recordings;
minutes; voting

   Except as otherwise specifically provided by law and except as
provided in @@ 2.1-344 and 2.1-345, all meetings of public bodies
shall be public meetings, including meetings and work sessions
during which no votes are cast or any decisions made. Notice
including the time, date and place of each meeting shall  be
furnished to any citizen of this Commonwealth who requests such

information. Notices for meetings of public bodies of the
Commonwealth on which  there is at least one member appointed by
the Governor shall state whether or not public comment will be
received at the meeting, and, if so, the approximate  points during
the meeting public comment will be received. Requests to be
notified on a continual basis shall be made at least once a year in
writing and  include name, address, zip code and organization of
the requester. Notice, reasonable under the circumstance, of
special or emergency meetings shall be given contemporaneously with
the notice provided members of the public body conducting the
meeting.

   Any person may photograph, film, record or otherwise reproduce
any portion of a meeting required to be open.  The public body
conducting the meeting may adopt rules governing the placement and
use of equipment necessary for broadcasting, photographing, filming
or recording a meeting to prevent interference with the
proceedings.

   Voting by secret or written ballot in an open meeting shall be
a violation of this chapter.

   Minutes shall be recorded at all public meetings. However,
minutes shall not  be required to be taken at deliberations of (i)
standing and other committees of the General Assembly, (ii)
legislative interim study commissions and

committees, including the Virginia Code Commission, (iii) study
committees or commissions appointed by the Governor, or (iv) study
commissions or study committees, or any other committees or
subcommittees appointed by the governing  bodies or school boards
of counties, cities and towns, except where the membership of any
such commission, committee or subcommittee includes a majority of
the governing body of the county, city or town or school board.

HISTORY: 1968, c. 479; 1973, c. 461; 1976, c. 467; 1977, c. 677;
1982, c. 333; 1989, c. 358; 1990, c. 538; 1993, c. 720.

 NOTES: THE 1989 AMENDMENT rewrote this section.   THE 1990
AMENDMENT added the third sentence of the first paragraph, and
substituted "requester" for "requestor" in the fourth sentence
thereof.   THE 1993 AMENDMENT inserted "of public bodies" in the
first sentence of the first paragraph.   LAW REVIEW. --For a
discussion of the amendments to this chapter in the survey of
Virginia administrative law for the year 1976-77, see 63 Va. L.
Rev. 1362 (1977).


                        Va. Code Ann. @ 2.1-343.1 (1993)

@ 2.1-343.1.  Electronic communication meetings

   A. It is a violation of this chapter for any political
subdivision or any governing body, authority, board, bureau,
commission, district or agency of local government to conduct a
meeting wherein the public business is discussed or transacted
through telephonic, video, electronic or other communication means
where the members are not physically assembled.

B. For purposes of subsections B through F of this section, "public
body" means any public body of the Commonwealth, as provided in the
definitions of "meeting" and "public body" in @ 2.1-341, but
excluding any political subdivision or any governing body,
authority, board, bureau, commission, district or agency of local
government.  Such public bodies may conduct any meeting, except
executive or closed meetings held pursuant to @ 2.1-344, wherein
the public business is discussed or transacted through telephonic
or video means.

   C. Notice of any meetings held pursuant to this section shall be
provided at  least thirty days in advance of the date scheduled for
the meeting. The notice shall include the date, time, place and
purpose for the meeting and shall identify the location or
locations for the meeting.  All locations for the meeting shall be
made accessible to the public. All persons attending the meeting at
any of the meeting locations shall be afforded the same opportunity
to address the public body as persons attending the primary or
central location. Any interruption in the telephonic or video
broadcast of the meeting shall result in the suspension of action
at the meeting until repairs are made and public access restored.

   Thirty-day notice shall not be required for telephonic or video
meetings continued to address an emergency situation as provided in
subsection F of
this section or to conclude the agenda of a telephonic or video
meeting of the public body for which the proper notice has been
given, when the date, time, place and purpose of the continued
meeting are set during the meeting prior to adjournment.

   The public body shall provide the Director of the Department of
Information Technology with notice of all public meetings held
through telephonic or video means pursuant to this section.

   D. An agenda and materials which will be distributed to members
of the public body and which have been made available to the staff
of the public body in sufficient time for duplication and
forwarding to all location sites where public access will be
provided shall be made available to the public at the time of the
meeting. Minutes of all meetings held by telephonic or video means
shall  be recorded as required by @ 2.1-343. Votes taken during any
meeting conducted through telephonic or video means shall be
recorded by name in roll-call fashion and included in the minutes.
In addition, the public body shall make an audio recording of the
meeting, if a telephonic medium is used, or an audio/visual
recording, if the meeting is held by video means. The recording
shall be preserved by the public body for a period of three years
following the date of the meeting and shall be available to the

E. No more than twenty-five percent of all meetings held annually
by a public body, including meetings of any ad hoc or standing
committees, may be held by telephonic or video means. Any public
body which meets by telephonic or video means shall file with the
Director of the Department of Information Technology by July 1 of
each year a statement identifying the total number of meetings held
during the preceding fiscal year, the dates on which the meetings
were held and  the number and purpose of those conducted through
telephonic or video means.

   F. Notwithstanding the limitations imposed by subsection E of
this section, a public body may meet by telephonic or video means
as often as needed if an emergency exists and the public body is
unable to meet in regular session. As used in this subsection
"emergency" means an unforeseen circumstance rendering the notice
required by this section, or by @ 2.1-343 of this chapter,
impossible or impracticable and which circumstance requires
immediate action. Public bodies conducting emergency meetings
through telephonic or video means shall comply with the provisions
of subsection D requiring minutes, recordation and preservation of
the audio or audio/visual recording of the meeting. The basis for
the emergency shall be stated in the minutes.

HISTORY: 1984, c. 252; 1989, c. 358; 1991, c. 473; 1992, c. 153;
1993, c. 270.

NOTES: THE 1989 AMENDMENT rewrote this section.   THE 1991
AMENDMENT substituted "June 30, 1992" for "June 30, 1991" in the
first  sentence of the second paragraph of subsection B, and in
subsection G, substituted "three-year experimental program" for
"two-year experimental program" and substituted "July 1, 1992" for
"July 1, 1991."   THE 1992 AMENDMENT deleted the former second
paragraph of subsection B and former subsection G which related to
the establishment of a three-year experimental program designed to
evaluate the effectiveness of meetings by telephone or video means
by public bodies.   THE 1993 AMENDMENT, in subsection B, in the
first sentence, substituted "For purposes of subsections B through
F of this section, "public body' means any public body" for "Public
bodies," substituted "definitions of "meeting' and "public body'"
for "definition of "meeting'," added "Such public bodies" in the
second sentence, and deleted former third sentence which stated:
"For the purposes of subsections B through F of this section,
"public body' shall mean any state legislative body, authority,
board, bureau, commission, district or agency of the Commonwealth
and shall exclude those of local governments."


                        Va. Code Ann. @ 2.1-343.2 (1993)

@ 2.1-343.2.  Transaction of public business other than by votes at
meetings prohibited

   Unless otherwise specifically provided by law, no vote of any
kind of the membership, or any part thereof, of any public body
shall be taken to authorize  the transaction of any public
business, other than a vote taken at a meeting conducted in
accordance with the provisions of this chapter. Notwithstanding the
foregoing, nothing contained herein shall be construed to prohibit
contacting the membership, or any part thereof, of any public body
for the purpose of ascertaining a member's position with respect to
the transaction of public business.

HISTORY: 1987, c. 71.


                         Va. Code Ann. @ 2.1-344 (1993)

@ 2.1-344.  Executive or closed meetings

   A. Public bodies are not required to conduct executive or closed
meetings. However, should a public body determine that an executive
or closed meeting is desirable, such meeting shall be held only for
the following purposes:

      1. Discussion, consideration or interviews of prospective
candidates for employment; assignment, appointment, promotion,
performance, demotion,
salaries, disciplining or resignation of specific public officers,
appointees or employees of any public body; and evaluation of
performance of departments or schools of state institutions of
higher education where such matters regarding such specific
individuals might be affected by such evaluation. Any teacher shall
be permitted to be present during an executive session or closed
meeting in which there is a discussion or consideration of a
disciplinary matter which involves the teacher and some student or
students and the student or students involved in the matter are
present, provided the teacher makes a written request to be present
to the presiding officer of the appropriate board.

      2. Discussion or consideration of admission or disciplinary
matters concerning any student or students of any state institution
of higher education  or any state school system. However, any such
student, legal counsel and, if the student is a minor, the
student's parents or legal guardians shall be permitted  to be
present during the taking of testimony or presentation of evidence
at an executive or closed meeting, if such student, parents or
guardians so request in writing and such request is submitted to
the presiding officer of the appropriate board.

      3. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or of the disposition
of publicly held property, or of plans for the future of a state
institution of higher

education which could affect the value of property owned or
desirable for ownership by such institution.

      4. The protection of the privacy of individuals in personal
matters not related to public business.

      5. Discussion concerning a prospective business or industry
or expansion of an existing business or industry where no previous
announcement has been made of the business' or industry's interest
in locating or expanding its facilities  in the community.

      6. The investing of public funds where competition or
bargaining is involved, where, if made public initially, the
financial interest of the governmental unit would be adversely
affected.

      7. Consultation with legal counsel and briefings by staff
members, consultants or attorneys, pertaining to actual or probable
litigation, or other  specific legal matters requiring the
provision of legal advice by counsel.

      8. In the case of boards of visitors of state institutions of
higher education, discussion or consideration of matters relating
to gifts, bequests and fund-raising activities, and grants and
contracts for services or work to

be performed by such institution. However, the terms and conditions
of any such  gifts, bequests, grants and contracts made by a
foreign government, a foreign legal entity or a foreign person and
accepted by a state institution of higher education shall be
subject to public disclosure upon written request to the
appropriate board of visitors. For the purpose of this subdivision,
(i) "foreign government" means any government other than the United
States government or the  government of a state or a political
subdivision thereof; (ii) "foreign legal entity" means any legal
entity created under the laws of the United States or of any state
thereof if a majority of the ownership of the stock of such legal
entity is owned by foreign governments or foreign persons or if a
majority of the membership of any such entity is composed of
foreign persons or foreign legal entities, or any legal entity
created under the laws of a foreign government; and (iii) "foreign
person" means any individual who is not a citizen or national of
the United States or a trust territory or protectorate thereof.

      9. In the case of the boards of trustees of the Virginia
Museum of Fine Arts and The Science Museum of Virginia, discussion
or consideration of matters  relating to specific gifts, bequests,
and grants.

      10. Discussion or consideration of honorary degrees or
special awards.

11. Discussion or consideration of tests or examinations or other
documents excluded from this chapter pursuant to @ 2.1-342 B 9.

      12. Discussion, consideration or review by the appropriate
House or Senate committees of possible disciplinary action against
a member arising out of the possible inadequacy of the disclosure
statement filed by the member, provided the member may request in
writing that the committee meeting not be conducted in executive
session.

      13. Discussion of strategy with respect to the negotiation of
a siting agreement or to consider the terms, conditions, and
provisions of a siting agreement if the governing body in open
meeting finds that an open meeting will  have a detrimental effect
upon the negotiating position of the governing body or the
establishment of the terms, conditions and provisions of the siting
agreement, or both. All discussions with the applicant or its
representatives may be conducted in a closed meeting or executive
session.

      14. Discussion by the Governor and any economic advisory
board reviewing forecasts of economic activity and estimating
general and nongeneral fund revenues.

15. Discussion or consideration of medical and mental records
excluded from this chapter pursuant to @ 2.1-342 B 3, and those
portions of disciplinary  proceedings by any regulatory board
within the Department of Professional and Occupational Regulation
or Department of Health Professions conducted pursuant to @
9-6.14:11 or @ 9-6.14:12 during which the board deliberates to
reach a decision.

      16. Discussion, consideration or review of State Lottery
Department matters related to proprietary lottery game information
and studies or investigations exempted from disclosure under
subdivisions 37 and 38 of subsection B of @ 2.1-342.
      17. Those portions of meetings by local government crime
commissions where the identity of, or information tending to
identify, individuals providing information about crimes or
criminal activities under a promise of anonymity is  discussed or
disclosed.

      18. Discussion, consideration, review and deliberations by
local community corrections resources boards regarding the
placement in community diversion programs of individuals previously
sentenced to state correctional facilities.

19. Those portions of meetings of the Virginia Health Services Cost
Review Council in which the Council discusses filings of individual
health care institutions which are confidential pursuant to
subsection B of @ 9-159.

      20. Those portions of meetings in which the Board of
Corrections discusses or discloses the identity of, or information
tending to identify, any prisoner who (i) provides information
about crimes or criminal activities, (ii) renders assistance in
preventing the escape of another prisoner or in the apprehension of
an escaped prisoner, or (iii) voluntarily or at the instance of a
prison official renders other extraordinary services, the
disclosure of which is likely to jeopardize the prisoner's life or
safety.

      21. Discussion of plans to protect public safety as it
relates to terrorist activity.

      22. In the case of corporations organized by the Virginia
Retirement System, RF&P Corporation and its wholly owned
subsidiaries, discussion or consideration of (i) proprietary
information provided by, and financial information concerning,
coventurers, partners, lessors, lessees, or investors, and (ii) the
condition, acquisition, disposition, use, leasing, development,
coventuring, or management of real estate the disclosure of which
would have a substantial adverse impact on the value of such real
estate or result in a
competitive disadvantage to the corporation or subsidiary.

   B. No resolution, ordinance, rule, contract, regulation or
motion adopted, passed or agreed to in an executive or closed
meeting shall become effective unless the public body, following
the meeting, reconvenes in open meeting and takes a vote of the
membership on such resolution, ordinance, rule, contract,
regulation or motion which shall have its substance reasonably
identified in the open meeting. Nothing in this section shall be
construed to require the board of directors of any authority
created pursuant to the Industrial Development and Revenue Bond Act
(@ 15.1-1373 et seq.), or any public body empowered to issue
industrial revenue bonds by general or special law, to identify a
business or industry to which subdivision A 5 of this section
applies. However, such business or industry must be identified as
a matter of public record at least thirty days prior to the actual
date of the board's authorization of the sale or issuance of such
bonds.

   C. Public officers improperly selected due to the failure of the
public body  to comply with the other provisions of this section
shall be de facto officers and, as such, their official actions are
valid until they obtain notice of the legal defect in their

D. Nothing in this section shall be construed to prevent the
holding of conferences between two or more public bodies, or their
representatives, but these conferences shall be subject to the same
regulations for holding executive or closed sessions as are
applicable to any other public body.

HISTORY: 1968, c. 479; 1970, c. 456; 1973, c. 461; 1974, c. 332;
1976, cc. 467,  709; 1979, cc. 369, 684; 1980, cc. 221, 475, 476,
754; 1981, cc. 35, 471; 1982,  cc. 497, 516; 1984, cc. 473, 513;
1985, c. 277; 1988, c. 891; 1989, cc. 56, 358, 478; 1990, cc. 435,
538; 1991, c. 708; 1992, c. 444; 1993, cc. 270, 499.

 NOTES: THE 1988 AMENDMENT deleted "disciplinary matter" preceding
"involves the teacher" in the second sentence of subdivision A 1,
substituted "is a minor" for "be a minor" in subdivision A 2,
substituted "this subdivision" for "this subsection" near the
beginning of the third sentence of subdivision A 8, and in  that
sentence substituted "means" for "shall mean" in three places,
substituted  "B 9" for "(b) (8)" at the end of subdivision A 11,
rewrote subdivision A 13, which read "Discussion of matters
exempted under @ 10-294 B 1," and substituted  "subsection A of
this section" for "subdivision (a)" in the first sentence of
subsection B. In addition, the amendment redesignated the
subsections and subdivisions of the section and substituted "the"
for "such" throughout the section.

THE 1989 AMENDMENTS. --The 1989 amendment by c. 56 inserted present
subdivision  A 17, which was also added by Acts 1989, c. 358.
The 1989 amendment by c. 358 rewrote this section.    The 1989
amendment by c. 478, effective March 22, 1989, added present
subdivision A 16, which was also added by Acts 1989, c. 358.   THE
1990 AMENDMENTS. --The 1990 amendment by c. 435 added subdivision
A 18.    The 1990 amendment by c. 538 added subdivisions A 19 and
A 20.   THE 1991 AMENDMENT added subdivision A 21.   THE 1992
AMENDMENT, in subdivision A 5, inserted "or expansion of an
existing business or industry" and "or expanding its facilities".
 THE 1993 AMENDMENTS. --The 1993 amendment by c. 270, in subsection
A, in subdivision 1, in the first sentence, deleted "or" preceding
"consideration," and deleted "of" preceding "or interviews," and
deleted "and" preceding "legal counsel" in subdivision 2, and added
subdivision 22.    The 1993 amendment by c. 499, in subsection A,
substituted "Discussion, consideration or interviews" for
"Discussion or consideration of or interviews"  in the first
sentence of subdivision 1, and substituted "Department of

Professional and Occupational Regulation" for "Department of
Commerce" near the  middle of subdivision 15.   LAW REVIEW. --For
a discussion of the amendments to this chapter in the survey of
Virginia administrative law for the year 1975-76, see 62 Va. L.
Rev. 1359 (1976). For survey of Virginia administrative law and
utility regulation for the year 1978-1979, see 66 Va. L. Rev. 193
(1980).

A THREAT TO LITIGATE UNLESS POTENTIAL ADVERSARIES ARE WILLING TO
NEGOTIATE IS TOO SPECULATIVE to come within the statutory exemption
of subdivision (a) (6). Marsh v. Richmond Newspapers, Inc., 223 Va.
245, 288 S.E.2d 415 (1982).

PURPOSE TO BE IDENTIFIED UNDER
SUBDIVISION (A) (6). --The purpose must be identified with the
applicable item of business on the agenda where the executive
session is convened under the provisions of subdivision (a) (6) of
this section.  Nageotte v. Board of Supvrs., 223 Va. 259, 288
S.E.2d 423 (1982).   DISCLOSURE OF LEGAL MATTERS NOT REQUIRED UNDER
SUBDIVISION (A) (6). --It is neither necessary nor in the public
interest to require, as a prerequisite to closing a meeting
pursuant to subdivision (a) (6) of this section, that the governing
body disclose in detail the legal matters or the legal issues to be
considered. To do so would tend to defeat the very confidentiality
that the
exemption safeguards.  Marsh v. Richmond Newspapers, Inc., 223 Va.
245, 288 S.E.2d 415 (1982).

CITY COUNCIL MEMBERS COMPLIED WITH
THIS SECTION IN CONVENING IN EXECUTIVE SESSION TO DISCUSS LEGAL
MATTERS relating to the construction of a highway extension.  Marsh
v. Richmond Newspapers, Inc., 223 Va. 245, 288 S.E.2d 415 (1982).

 A MOTION TO CONFER PRIVATELY WITH COUNSEL OVER TWO PENDING LEGAL
PROCEEDINGS, which were the sole items on council's agenda, comes
within the terms of the exemption in subdivision (a) (6) of this
section and is not an effort to hide anything that should be
publicly disclosed.  City of Danville v. Laird, 223 Va.  271, 288
S.E.2d 429 (1982).

IT IS NOT NECESSARY UNDER THIS SECTION TO
IDENTIFY THE PERSONNEL in convening an executive session to
consider personnel matters.  Nageotte v. Board of Supvrs.,  223 Va.
259, 288 S.E.2d 423 (1982).

MOTION HELD IN COMPLIANCE WITH
SUBSECTION (B). --Where a motion to go into executive session at a
meeting between a city and two counties tracked the language of
this chapter, referred to a specific exemption by Code section,
paragraph, and subparagraph, quoted the language of the exemption,
identified the agenda item to which the specific exemption applied,
it satisfied the requirements of subsection (b) of this section.
Marsh v. Richmond Newspapers, Inc., 223 Va. 245, 288 S.E.2d 415
(1982).

LATER ACTIONS UNDER SUBSECTION (C) NOT INVALIDATED BY
IMPROPER SESSION UNDER SUBSECTION (B). --Where the board of
supervisors improperly held an executive session under subsection
(b) of this section, later actions on the same subject  taken in
open meeting which complied with subsection (c) of this section
were not invalid because of the earlier impropriety.  Nageotte v.
Board of Supvrs., 223 Va. 259, 288 S.E.2d 423 (1982).   APPLIED in
Roanoke City School Bd. v. Times-World Corp., 226 Va. 185, 307
S.E.2d 256 (1983).


                        Va. Code Ann. @ 2.1-344.1 (1993)

@ 2.1-344.1.  Call of closed or executive meetings; certification
of proceedings

   A. No meeting shall become an executive or closed meeting unless
the public body proposing to convene such meeting shall have taken
an affirmative recorded  vote in open session to that effect, by
motion stating specifically the purpose  or purposes which are to
be the subject of the meeting, and reasonably identifying the
substance of the matters to be discussed.  A statement shall be
included in the minutes of the open meeting which shall make
reference to the applicable exemption or exemptions from open
meeting requirements provided in subsection A of @ 2.1-344 or in @
2.1-345, and the matters contained in such motion shall be set
forth in those minutes.  A general reference to the provisions of
this chapter or authorized exemptions from open meeting
requirements shall not be sufficient to satisfy the requirements
for an  executive or closed meeting.

   B. The notice provisions of this chapter shall not apply to
executive or closed meetings of any public body held solely for the
purpose of interviewing candidates for the position of chief
administrative officer. Prior to any such executive or closed
meeting for the purpose of interviewing candidates the public body
shall announce in an open meeting that such executive or closed
meeting shall be held at a disclosed or undisclosed location within
fifteen days thereafter.

   C. The public body holding an executive or closed meeting shall
restrict its  consideration of matters during the closed portions
only to those purposes specifically exempted from the provisions of
this chapter.

   D. At the conclusion of any executive or closed meeting convened
hereunder, the public body holding such meeting shall reconvene in
open session immediately thereafter and shall take a roll call or
other recorded vote to be included in
the minutes of that body, certifying that to the best of the
member's knowledge  (i) only public business matters lawfully
exempted from open meeting requirements under this chapter, and
(ii) only such public business matters as were identified in the
motion by which the executive or closed meeting was convened were
heard, discussed or considered in the meeting by the public body.
Any member of the public body who believes that there was a
departure from the requirements of subdivisions (i) and (ii) above,
shall so state prior to the vote, indicating the substance of the
departure that, in his judgment, has taken place.  The statement
shall be recorded in the minutes of the public body.
   E. Failure of the certification required by subsection D, above,
to receive the affirmative vote of a majority of the members of the
public body present during a closed or executive session shall not
affect the validity or confidentiality of such meeting with respect
to matters considered therein in compliance with the provisions of
this chapter.  The recorded vote and any statement made in
connection therewith, shall upon proper authentication, constitute
evidence in any proceeding brought to enforce this chapter.

   F. A public body may permit nonmembers to attend an executive or
closed meeting if such persons are deemed necessary or if their
presence will reasonably aid the public body in its consideration
of a topic which is a subject of the meeting.

G. Except as specifically authorized by law, in no event may any
public body  take action on matters discussed in any executive or
closed meeting, except at a public meeting for which notice was
given as required by @ 2.1-343.

   H. Minutes may be taken during executive or closed sessions of
a public body, but shall not be required.  Such minutes shall not
be subject to mandatory public disclosure.

HISTORY: 1989, c. 358.


                         Va. Code Ann. @ 2.1-345 (1993)

@ 2.1-345.  Public bodies to which chapter inapplicable

   The provisions of this chapter shall not be applicable to the
Virginia Parole Board, petit juries, grand juries, and the Virginia
State Crime Commission.

HISTORY: 1968, c. 479; 1971, Ex. Sess., c. 1; 1973, c. 461; 1974,
c. 332; 1977,  c. 677; 1979, c. 369; 1989, c. 358.

NOTES: THE 1989 AMENDMENT rewrote this section.   LAW REVIEW. --For
survey of developments in Virginia administrative law for the  year
1973-74, see 60 Va. L. Rev. 1446 (1974). For a discussion of the
amendments to this chapter in the survey of Virginia administrative
law for the year 1975-76, see 62 Va. L. Rev. 1359 (1976); for the
year 1976-77, see 63 Va. L. Rev. 1362 (1977).


                         Va. Code Ann. @ 2.1-346 (1993)

@ 2.1-346.  Proceedings for enforcement of chapter

   Any person, including the attorney for the Commonwealth acting
in his official or individual capacity, denied the rights and
privileges conferred by this chapter may proceed to enforce such
rights and privileges by filing a petition for mandamus or
injunction, supported by an affidavit showing good cause, addressed
to the general district court or the court of record of the county
or city from which the public body has been elected or appointed to
serve and in which such rights and privileges were so denied.
Failure by any person to request and receive notice of the time and
place of meetings as provided in @ 2.1-343 shall not preclude any
person from enforcing his or her rights and privileges conferred by
this chapter.

   Any petition alleging denial of rights and privileges conferred
by this chapter 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
General District Court or the Circuit Court of the City of
Richmond.  A petition for mandamus or injunction under this chapter
shall be heard within seven days of the date when the same is made.
However, any petition made outside of the regular terms of the
circuit court of a county  which is included in a judicial circuit
with another county or counties, the hearing on the petition shall
be given precedence on the docket of such court over all cases
which are not otherwise given precedence by law.  The petition
shall allege with reasonable specificity the circumstances of the
denial of the  rights and privileges conferred by this chapter. A
single instance of denial of  the rights and privileges conferred
by this chapter shall be sufficient to invoke the remedies granted
herein.  If the court finds the denial to be in violation of the
provisions of this chapter, the petitioner shall be entitled to
recover reasonable costs and attorney's fees from the public body
if the petitioner substantially prevails on the merits of the case,
unless special
circumstances would make an award unjust.  In making this
determination, a court may consider, among other things, the
reliance of a public body on an opinion of the Attorney General or
a decision of a court that substantially supports the public body's
position.  The court may also impose appropriate sanctions in favor
of the public body as provided in @ 8.01-271.1.

HISTORY: 1968, c. 479; 1976, c. 709; 1978, c. 826; 1989, c. 358;
1990, c. 217.

 NOTES: THE 1989 AMENDMENT rewrote this section.   THE 1990
AMENDMENT inserted "general district court or the" in the first
sentence of the first paragraph; and in the second paragraph,
inserted "General  District Court or the" in the first sentence,
and divided the former second sentence into the present second and
third sentences by substituting "However, any petition made" for
"provided, if the petition is made," at the beginning of  the
present third sentence.   LAW REVIEW. --For a discussion of the
amendments to this chapter in the survey of Virginia administrative
law for the year 1975-76, see 62 Va. L. Rev. 1359 (1976).

THIS SECTION IS UNCONSTITUTIONAL AS APPLIED TO STATE CORPORATION
COMMISSION. --Where petitioner invoked jurisdiction of circuit
court, and filed petition for writ of mandamus against State
Corporation Commission, trial court correctly ruled that this
section was not constitutional as applied to the SCC because of
jurisdictional limitations of Va. Const., Art. IX, @ 4. Framers of
Va. Const., Art. IX, @ 4, intended that Supreme Court have
exclusive jurisdiction over all challenges to all actions of the
SCC, both judgmental and ministerial, and issuance of writ of
mandamus directing SCC to reverse its action in refusing
petitioner's demand for access to official records was equivalent
to entry of injunction restraining SCC in the performance of its
official duties.  Atlas Underwriters, Ltd. v. SCC, 237 Va. 45, 375
S.E.2d 733 (1989).   EXTRAORDINARY RELIEF NOT TO BE CASUALLY OR
PERFUNCTORILY ORDERED. --Under this section, a single violation is
sufficient to permit the grant of relief based on the inference
that future violations will occur, but such an extraordinary and
drastic remedy is not to be casually or perfunctorily ordered.
Nageotte v. Board of Supvrs., 223 Va. 259, 288 S.E.2d 423 (1982).

 THE PETITION NEED NOT CONTAIN AN ALLEGATION OF "IRREPARABLE
INJURY." WTAR Radio-TV Corp. v. City Council, 216 Va. 892, 223
S.E.2d 895 (1976).

INFERENCE INSUFFICIENT TO JUSTIFY SANCTION.
--A previous course of conduct
might raise an inference that such conduct would be repeated but a
mere inference did not support an apprehension with reasonable
probability such as would have justified imposition of a judicial
sanction against a legislative body.  WTAR Radio-TV Corp. v. City
Council, 216 Va. 892, 223 S.E.2d 895 (1976) (decided prior to 1976
amendment, which added the last five sentences of the section).

WHEN INJUNCTIVE RELIEF, ETC., NOT JUSTIFIED. --The 1976 amendment
to this section in effect permits a trial court to infer from a
single violation that future violations will follow. However, where
the court expresses the view that  there will be no future
violations, there is no justification for injunctive relief.  Marsh
v. Richmond Newspapers, Inc., 223 Va. 245, 288 S.E.2d 415 (1982).
  Where violations occur under this chapter, but are not willful
and knowing violations or violations that would invalidate board
actions with which concerned citizens who brought suit were
concerned, such violations do not justify injunctive relief or the
award of attorneys' fees and costs.  Nageotte v. Board of Supvrs.,
223 Va. 259, 288 S.E.2d 423 (1982).

INJUNCTIVE RELIEF
DISCRETIONARY AND NOT GRANTED UNLESS VIOLATION WILLFUL, KNOWING,
AND SUBSTANTIAL. --Although this section permits injunctive relief
upon proof of a single violation of the act, based upon the
inference that future violations will occur, such relief remains
discretionary with the court and it will not be granted unless the
court finds that the violation was willful, knowing, and
substantial.  Hale v. Washington County School Bd., 241 Va. 76, 400
S.E.2d 175 (1991).   APPLIED in Roanoke City School Bd. v.
Times-World Corp., 226 Va. 185, 307 S.E.2d 256 (1983); Jurgensen v.
Fairfax County, 745 F.2d 868 (4th Cir. 1984).


                        Va. Code Ann. @ 2.1-346.1 (1993)

@ 2.1-346.1.  Violations and penalties

   In a proceeding commenced against members of public bodies under
@ 2.1-346 for a violation of @@ 2.1-342, 2.1-343, 2.1-343.1,
2.1-344 or @ 2.1-344.1, the court, if it finds that a violation was
willfully and knowingly made, shall impose upon such member in his
individual capacity, whether a writ of mandamus or injunctive
relief is awarded or not, a civil penalty of not less than $25 nor
more than $1,000, which amount shall be paid into the State
Literary Fund.

HISTORY: 1976, c. 467; 1978, c. 826; 1984, c. 252; 1989, c. 358.

 NOTES: THE 1989 AMENDMENT, near the middle of the section deleted
"or @" preceding "2.1-344," inserted "or @2.1-344.1," substituted
"member" for "person or persons" and deleted "or her" preceding
"individual capacity," and substituted "$1,000" for "$500" near the
end of the section.

APPLIED in Nageotte v. Board of Supvrs., 223 Va. 259, 288 S.E.2d
423 (1982).