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![handle is hein.sag/sagva0027 and id is 1 raw text is: OP. NO. 03-063
ADMINISTRATION OF GOVERNMENT: VIRGINIA FREEDOM OF INFORMATION ACT.
Discussion of expected votes on matters pending before General Assembly constitutes discussion or
transaction of public business. Informal assemblage of 3 or more legislators at meeting prearranged or
called to discuss expected votes on matters pending before General Assembly constitutes 'meeting' under
Act required to be open to public. Instances in which such assemblage is not required to be open to public.
Legislative caucus is not 'public body' subject to Act's notice and open meeting requirements.
The Honorable Clifton A. Woodrum
Member, House of Delegates
January 6, 2004
Issues Presented.
You ask whether a legislative caucus is a public body as that term is defined in The Virginia Freedom of
Information Act. You next ask whether the notice and open meeting requirements for public meetings set forth in the
Act apply to meetings of legislative caucuses. Finally, you ask whether the discussion of expected votes on matters
pending before the General Assembly constitutes the discussion or transaction of any public business as that
phrase is used in § 2.2-3707(G) of the Act.
Response
It is my opinion that the discussion of expected votes on matters pending before the General Assembly constitutes
the discussion or transaction of public business. Consequently, it is my opinion that an informal assemblage of
three or more legislators at a meeting prearranged or called for the purpose of discussing expected votes on
matters pending before the General Assembly constitutes a meeting under The Virginia Freedom of Information
Act, requiring that such a meeting be open to the public. I note, however, that an informal assemblage of three or
more legislators under certain circumstances, as discussed in this opinion, does not require such an assemblage to
be open to the public. It is further my opinion that a legislative caucus is not a public body as that term is defined
in § 2.2-3701 of the Act.' It is also my opinion that since a legislative caucus is not a public body, the notice and
open meeting requirements of the Act do not apply to such organizations.
Applicable Law and Discussion
Enacted in 1968, The Virginia Freedom of Information Act2 ensures the people of the Commonwealth ready
access to public records in the custody of a public body or its officers and employees, and free entry to meetings of
public bodies wherein the business of the people is being conducted.3 Section 2.2-3700(B) of the Act states the
policy of the Commonwealth that [t]he affairs of government are not intended to be conducted in an atmosphere of
secrecy since at all times the public is to be the beneficiary of any action taken at any level of government.
Moreover, the Act
shall be liberally construed to promote an increased awareness by all persons of governmental
activities and afford every opportunity to citizens to witness the operations of government. Any
exemption from public access to ... meetings shall be narrowly construed and no ... meeting closed to
the public unless specifically made exempt pursuant to [the Act] or other specific provision of law.14]
You ask three questions concerning the application of The Virginia Freedom of Information Act to legislative
caucuses organized by the Republican and Democratic members of the General Assembly. I find no prior opinions
of this Office directly answering these questions. Since the Act was enacted thirty-six years ago, it is surprising this
specific issue has not previously been addressed.
I note that in June 2002, the executive director of the Virginia Freedom of Information Advisory Council,5 which you
formerly chaired, provided members of the Council a memorandum outlining the issues involved regarding the
application of the Act to legislative caucuses. The memorandum indicates that this is a very complex issue and one
that should not be decided without considerable deliberation.6 Unfortunately, you do not provide facts with your
request that may be applied to the statutory requirements of the Act. Consequently, I am required to make certain
assumptions based upon my own knowledge of the legislative process and organization of the Republican and
Democratic caucuses.
You ask whether a legislative caucus is a public body as that term is defined in The Virginia Freedom of
Information Act. Section 2.2-3701 of the Act defines public body to mean](ViewImageLocal?handle=hein.sag/sagva0027&div=1&collection=&method=preview&ext=.png&size=3)