2006 Code of Virginia § 2.2-3712 - Closed meetings procedures; certification of proceedings

2.2-3712. Closed meetings procedures; certification of proceedings.

A. No closed meeting shall be held unless the public body proposing toconvene such meeting has taken an affirmative recorded vote in an openmeeting approving a motion that (i) identifies the subject matter, (ii)states the purpose of the meeting and (iii) makes specific reference to theapplicable exemption from open meeting requirements provided in 2.2-3707 orsubsection A of 2.2-3711. The matters contained in such motion shall be setforth in detail in the minutes of the open meeting. A general reference tothe provisions of this chapter, the authorized exemptions from open meetingrequirements, or the subject matter of the closed meeting shall not besufficient to satisfy the requirements for holding a closed meeting.

B. The notice provisions of this chapter shall not apply to closed meetingsof any public body held solely for the purpose of interviewing candidates forthe position of chief administrative officer. Prior to any such closedmeeting for the purpose of interviewing candidates, the public body shallannounce in an open meeting that such closed meeting shall be held at adisclosed or undisclosed location within fifteen days thereafter.

C. The public body holding a closed meeting shall restrict its discussionduring the closed meeting only to those matters specifically exempted fromthe provisions of this chapter and identified in the motion required bysubsection A.

D. At the conclusion of any closed meeting, the public body holding suchmeeting shall immediately reconvene in an open meeting and shall take a rollcall or other recorded vote to be included in the minutes of that body,certifying that to the best of each member's knowledge (i) only publicbusiness matters lawfully exempted from open meeting requirements under thischapter and (ii) only such public business matters as were identified in themotion by which the closed meeting was convened were heard, discussed orconsidered in the meeting by the public body. Any member of the public bodywho believes that there was a departure from the requirements of clauses (i)and (ii), shall so state prior to the vote, indicating the substance of thedeparture that, in his judgment, has taken place. The statement shall berecorded in the minutes of the public body.

E. Failure of the certification required by subsection D to receive theaffirmative vote of a majority of the members of the public body presentduring a meeting shall not affect the validity or confidentiality of suchmeeting with respect to matters considered therein in compliance with theprovisions of this chapter. The recorded vote and any statement made inconnection therewith, shall upon proper authentication, constitute evidencein any proceeding brought to enforce the provisions of this chapter.

F. A public body may permit nonmembers to attend a closed meeting if suchpersons are deemed necessary or if their presence will reasonably aid thepublic body in its consideration of a topic that is a subject of the meeting.

G. Except as specifically authorized by law, in no event may any public bodytake action on matters discussed in any closed meeting, except at an openmeeting for which notice was given as required by 2.2-3707.

H. Minutes may be taken during closed meetings of a public body, but shallnot be required. Such minutes shall not be subject to mandatory publicdisclosure.

(1989, c. 358, 2.1-344.1; 1999, cc. 703, 726; 2001, c. 844.)