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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
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AO-9-00
November
30, 2000
Wendie Summers
Deputy Clerk
Lynchburg City
School Board
Lynchburg,
VA
The staff of the
Freedom of Information Advisory council is authorized to issue
advisory opinions. The ensuing staff advisory opinion is based
solely upon the information presented in your email dated
November 21, 2000.
Dear Summers--
You have asked how
to resolve conflicting requirements between the Freedom of
Information Act and Robert's Rules of Order related
specifically to voting by a public body. Section 2.1-343.2
provides in pertinent part:
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. No public body shall
vote by secret or written ballot, and unless expressly
provided by this chapter, no public body shall vote by telephone
or other electronic communication means. (Emphasis added)
The referenced section
is clear on its face and prohibits voting by secret or written
ballot. Robert's Rules of Order does not have the force
and effect of law and is used at the discretion of a public
body in resolving questions that may arise in parliamentary
procedure encountered during the course of a meeting. Therefore,
any conflict must be resolved in favor of the law.
Thank you for contacting
this office. I hope that I have been of assistance.
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