2006 Code of Virginia § 2.2-3711 - Closed meetings authorized for certain limited purposes

2.2-3711. Closed meetings authorized for certain limited purposes.

A. Public bodies may hold closed meetings only for the following purposes:

1. Discussion, consideration, or interviews of prospective candidates foremployment; assignment, appointment, promotion, performance, demotion,salaries, disciplining, or resignation of specific public officers,appointees, or employees of any public body; and evaluation of performance ofdepartments or schools of public institutions of higher education where suchevaluation will necessarily involve discussion of the performance of specificindividuals. Any teacher shall be permitted to be present during a closedmeeting in which there is a discussion or consideration of a disciplinarymatter that involves the teacher and some student and the student involved inthe matter is present, provided the teacher makes a written request to bepresent to the presiding officer of the appropriate board.

2. Discussion or consideration of admission or disciplinary matters or anyother matters that would involve the disclosure of information contained in ascholastic record concerning any student of any Virginia public institutionof 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 legalguardians shall be permitted to be present during the taking of testimony orpresentation of evidence at a closed meeting, if such student, parents, orguardians so request in writing and such request is submitted to thepresiding officer of the appropriate board.

3. Discussion or consideration of the acquisition of real property for apublic purpose, or of the disposition of publicly held real property, wherediscussion in an open meeting would adversely affect the bargaining positionor negotiating strategy of the public body.

4. The protection of the privacy of individuals in personal matters notrelated to public business.

5. Discussion concerning a prospective business or industry or the expansionof an existing business or industry where no previous announcement has beenmade of the business' or industry's interest in locating or expanding itsfacilities in the community.

6. Discussion or consideration of the investment of public funds wherecompetition or bargaining is involved, where, if made public initially, thefinancial interest of the governmental unit would be adversely affected.

7. Consultation with legal counsel and briefings by staff members orconsultants pertaining to actual or probable litigation, where suchconsultation or briefing in open meeting would adversely affect thenegotiating or litigating posture of the public body; and consultation withlegal counsel employed or retained by a public body regarding specific legalmatters requiring the provision of legal advice by such counsel. For thepurposes of this subdivision, "probable litigation" means litigation thathas been specifically threatened or on which the public body or its legalcounsel has a reasonable basis to believe will be commenced by or against aknown party. Nothing in this subdivision shall be construed to permit theclosure of a meeting merely because an attorney representing the public bodyis in attendance or is consulted on a matter.

8. In the case of boards of visitors of public institutions of highereducation, discussion or consideration of matters relating to gifts, bequestsand fund-raising activities, and grants and contracts for services or work tobe performed by such institution. However, the terms and conditions of anysuch gifts, bequests, grants, and contracts made by a foreign government, aforeign legal entity, or a foreign person and accepted by a publicinstitution of higher education in Virginia shall be subject to publicdisclosure upon written request to the appropriate board of visitors. For thepurpose of this subdivision, (i) "foreign government" means any governmentother than the United States government or the government of a state or apolitical subdivision thereof; (ii) "foreign legal entity" means any legalentity created under the laws of the United States or of any state thereof ifa majority of the ownership of the stock of such legal entity is owned byforeign governments or foreign persons or if a majority of the membership ofany such entity is composed of foreign persons or foreign legal entities, orany legal entity created under the laws of a foreign government; and (iii)"foreign person" means any individual who is not a citizen or national ofthe 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,the Virginia Museum of Natural History, 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, examinations, or other recordsexcluded from this chapter pursuant to subdivision 4 of 2.2-3705.1.

12. Discussion, consideration, or review by the appropriate House or Senatecommittees of possible disciplinary action against a member arising out ofthe possible inadequacy of the disclosure statement filed by the member,provided the member may request in writing that the committee meeting not beconducted in a closed meeting.

13. Discussion of strategy with respect to the negotiation of a hazardouswaste siting agreement or to consider the terms, conditions, and provisionsof a hazardous waste siting agreement if the governing body in open meetingfinds that an open meeting will have an adverse effect upon the negotiatingposition of the governing body or the establishment of the terms, conditionsand provisions of the siting agreement, or both. All discussions with theapplicant or its representatives may be conducted in a closed meeting.

14. Discussion by the Governor and any economic advisory board reviewingforecasts of economic activity and estimating general and nongeneral fundrevenues.

15. Discussion or consideration of medical and mental records excluded fromthis chapter pursuant to subdivision 1 of 2.2-3705.5.

16. Deliberations of the State Lottery Board in a licensing appeal actionconducted pursuant to subsection D of 58.1-4007 regarding the denial orrevocation of a license of a lottery sales agent; and discussion,consideration or review of State Lottery Department matters related toproprietary lottery game information and studies or investigations exemptedfrom disclosure under subdivision 6 of 2.2-3705.3 and subdivision 11 of 2.2-3705.7.

17. Those portions of meetings by local government crime commissions wherethe identity of, or information tending to identify, individuals providinginformation about crimes or criminal activities under a promise of anonymityis discussed or disclosed.

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

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

20. Discussion of plans to protect public safety as it relates to terroristactivity and briefings by staff members, legal counsel, or law-enforcement oremergency service officials concerning actions taken to respond to suchactivity or a related threat to public safety.

21. Discussion by the Board of the Virginia Retirement System, actingpursuant to 51.1-124.30, or of any local retirement system, acting pursuantto 51.1-803, or of the Rector and Visitors of the University of Virginia,acting pursuant to 23-76.1, regarding the acquisition, holding ordisposition of a security or other ownership interest in an entity, wheresuch security or ownership interest is not traded on a governmentallyregulated securities exchange, to the extent that such discussion (i)concerns confidential analyses prepared for the Rector and Visitors of theUniversity of Virginia, prepared by the retirement system or provided to theretirement system under a promise of confidentiality, of the future value ofsuch ownership interest or the future financial performance of the entity,and (ii) would have an adverse effect on the value of the investment to beacquired, held or disposed of by the retirement system or the Rector andVisitors of the University of Virginia. Nothing in this subdivision shall beconstrued to prevent the disclosure of information relating to the identityof any investment held, the amount invested or the present value of suchinvestment.

22. Those portions of meetings in which individual child death cases arediscussed by the State Child Fatality Review team established pursuant to 32.1-283.1, and those portions of meetings in which individual child deathcases are discussed by a regional or local child fatality review teamestablished pursuant to 32.1-283.2, and those portions of meetings in whichindividual death cases are discussed by family violence fatality review teamsestablished pursuant to 32.1-283.3.

23. Those portions of meetings of the University of Virginia Board ofVisitors or the Eastern Virginia Medical School Board of Visitors, as thecase may be, and those portions of meetings of any persons to whom managementresponsibilities for the University of Virginia Medical Center or EasternVirginia Medical School, as the case may be, have been delegated, in whichthere is discussed proprietary, business-related information pertaining tothe operations of the University of Virginia Medical Center or EasternVirginia Medical School, as the case may be, including business developmentor marketing strategies and activities with existing or future jointventurers, partners, or other parties with whom the University of VirginiaMedical Center or Eastern Virginia Medical School, as the case may be, hasformed, or forms, any arrangement for the delivery of health care, ifdisclosure of such information would adversely affect the competitiveposition of the Medical Center or Eastern Virginia Medical School, as thecase may be.

24. In the case of the Virginia Commonwealth University Health SystemAuthority, discussion or consideration of any of the following: theacquisition or disposition of real or personal property where disclosurewould adversely affect the bargaining position or negotiating strategy of theAuthority; operational plans that could affect the value of such property,real or personal, owned or desirable for ownership by the Authority; mattersrelating to gifts, bequests and fund-raising activities; grants and contractsfor services or work to be performed by the Authority; marketing oroperational strategies where disclosure of such strategies would adverselyaffect the competitive position of the Authority; members of its medical andteaching staffs and qualifications for appointments thereto; andqualifications or evaluations of other employees.

25. Those portions of the meetings of the Intervention Program Committeewithin the Department of Health Professions to the extent such discussionsidentify any practitioner who may be, or who actually is, impaired pursuantto Chapter 25.1 ( 54.1-2515 et seq.) of Title 54.1.

26. Meetings or portions of meetings of the Board of the Virginia CollegeSavings Plan wherein personal information, as defined in 2.2-3801, whichhas been provided to the Board or its employees by or on behalf ofindividuals who have requested information about, applied for, or enteredinto prepaid tuition contracts or savings trust account agreements pursuantto Chapter 4.9 ( 23-38.75 et seq.) of Title 23 is discussed.

27. Discussion or consideration, by the Wireless Carrier E-911 Cost RecoverySubcommittee created pursuant to 56-484.15, of trade secrets, as defined inthe Uniform Trade Secrets Act ( 59.1-336 et seq.), submitted by CMRSproviders as defined in 56-484.12, related to the provision of wirelessE-911 service.

28. Those portions of disciplinary proceedings by any regulatory board withinthe Department of Professional and Occupational Regulation, Department ofHealth Professions, or the Board of Accountancy conducted pursuant to 2.2-4019 or 2.2-4020 during which the board deliberates to reach a decisionor meetings of health regulatory boards or conference committees of suchboards to consider settlement proposals in pending disciplinary actions ormodifications to previously issued board orders as requested by either of theparties.

29. Discussion or consideration by a responsible public entity or an affectedlocal jurisdiction, as those terms are defined in 56-557, of confidentialproprietary records excluded from this chapter pursuant to subdivision 11 of 2.2-3705.6.

30. Discussion of the award of a public contract involving the expenditure ofpublic funds, including interviews of bidders or offerors, and discussion ofthe terms or scope of such contract, where discussion in an open sessionwould adversely affect the bargaining position or negotiating strategy of thepublic body.

31. Discussion or consideration by the Commonwealth Health Research Board ofgrant application records excluded from this chapter pursuant to subdivision17 of 2.2-3705.6.

32. Discussion or consideration by the Commitment Review Committee of recordsexcluded from this chapter pursuant to subdivision 9 of 2.2-3705.2 relatingto individuals subject to commitment as sexually violent predators underChapter 9 ( 37.2-900 et seq.) of Title 37.2.

33. [Expired.]

34. Discussion or consideration of confidential proprietary records and tradesecrets excluded from this chapter pursuant to subdivision 18 of 2.2-3705.6.

35. Discussion or consideration by a local authority created in accordancewith the Virginia Wireless Service Authorities Act ( 15.2-5431.1 et seq.) ofconfidential proprietary records and trade secrets excluded from this chapterpursuant to subdivision 19 of 2.2-3705.6.

36. Discussion or consideration by the State Board of Elections or localelectoral boards of voting security matters made confidential pursuant to 24.2-625.1.

37. Discussion or consideration by the Forensic Science Board or theScientific Advisory Committee created pursuant to Article 2 ( 9.1-1109 etseq.) of Chapter 11 of Title 9.1 of records excluded from this chapterpursuant to subdivision F 1 of 2.2-3706.

38. Discussion or consideration by the Brown v. Board of EducationScholarship Program Awards Committee of records or confidential mattersexcluded from this chapter pursuant to subdivision 3 of 2.2-3705.4, andmeetings of the Committee to deliberate concerning the annual maximumscholarship award, review and consider scholarship applications and requestsfor scholarship award renewal, and cancel, rescind, or recover scholarshipawards.

39. Discussion or consideration by the Virginia Port Authority of recordsexcluded from this chapter pursuant to subdivision 1 of 2.2-3705.6.

B. No resolution, ordinance, rule, contract, regulation or motion adopted,passed or agreed to in a closed meeting shall become effective unless thepublic body, following the meeting, reconvenes in open meeting and takes avote of the membership on such resolution, ordinance, rule, contract,regulation, or motion that shall have its substance reasonably identified inthe open meeting.

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

D. Nothing in this section shall be construed to prevent the holding ofconferences between two or more public bodies, or their representatives, butthese conferences shall be subject to the same procedures for holding closedmeetings as are applicable to any other public body.

E. This section shall not be construed to (i) require the disclosure of anycontract between the Intervention Program Committee within the Department ofHealth Professions and an impaired practitioner entered into pursuant toChapter 25.1 ( 54.1-2515 et seq.) of Title 54.1 or (ii) require the board ofdirectors of any authority created pursuant to the Industrial Development andRevenue Bond Act ( 15.2-4900 et seq.), or any public body empowered to issueindustrial revenue bonds by general or special law, to identify a business orindustry to which subdivision A 5 applies. However, such business or industryshall be identified as a matter of public record at least 30 days prior tothe actual date of the board's authorization of the sale or issuance of suchbonds.

(1968, c. 479, 2.1-344; 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; 1995, c. 499; 1996, cc. 855, 862, 902, 905, 1046; 1997, cc.439, 641, 785, 861; 1999, cc. 485, 518, 703, 726, 849, 867, 868; 2000, cc.382, 400, 720, 1064; 2001, cc. 231, 844; 2002, cc. 87, 393, 455, 478, 499,655, 715, 830; 2003, cc. 274, 291, 332, 618, 703; 2004, cc. 398, 690, 770;2005, cc. 258, 411, 568; 2006, cc. 430, 499, 518, 560.)