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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
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AO-43-01
September
5, 2001
Ms. Sandra Hart-Davenport
Damascus, Virginia
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 correspondence
of August 9, 2001.
Dear Ms. Hart-Davenport:
You have asked a
question concerning the notice requirements for public meetings
pursuant to the Virginia Freedom of Information Act (FOIA).
You indicate that until recently, notice for public meetings
had been regularly posted on the front door of the town hall,
which is visible to the community 24 hours a day. However,
you state that notice is no longer posted at this location;
instead it is posted on a bulletin board adjacent to the town
clerk's office inside the building, and on a town website
on the Internet. You indicate that the bulletin board is only
accessible during regular business hours, and that not everyone
in the town has access to a computer or the ability to operate
one. You ask if notice posted at the clerk's office and on
the Internet complies with the notice requirements set forth
in FOIA.
Subsection C of
§ 2.1-343 of the Code of Virginia states that [e]very public
body shall give notice of the date, time, and location of
its meetings by placing the notice in a prominent public location
at which notices are regularly posted and in the office of
the clerk of the public body, or in the case of a public body
which has no clerk, in the office of the chief administrator.
Publication of meeting notices by electronic means shall be
encouraged.1 In interpreting this provision,
§ 2.1-340.1 states that the provisions of FOIA shall be
liberally construed to promote an increased awareness by all
persons of governmental activities and afford every opportunity
to citizens to witness the operation of government.2
Interpreting the
notice provision liberally, as is required by law, it would
appear that notice is required, at a minimum, to be posted
in two physical locations: a prominent public location and
the clerk's office. Posting in one or the other of these locations
would not satisfy the requirements of the law. In addition
to this minimum requirement, the law encourages a public body
to use electronic means to post notice, such as on a town
website. Other places in the law also encourage the use of
electronic communications to supplement, but not replace,
traditional FOIA requirements. For example, subsection E of
§ 2.1-3433 allows a public body to give notice
to those who request it via electronic mail, but only if the
requester agrees. Posting notice at one physical location,
available to the public during business hours on weekdays,
and on the Internet, which not every citizen has the ability
to access, does not further the policy of FOIA to promote
an increased awareness of government and to allow citizens
the opportunity to witness government. Continuing to post
notice on the door of the town hall as well as in the clerk's
office would satisfy the notice requirements of FOIA. If the
public body desired, it could post the notice on the Internet
in addition to these physical locations in an attempt
to promote increased awareness of governmental activities.
Thank you for contacting
this office. I hope that I have been of assistance.
Sincerely,
Maria J.K. Everett
Executive Director
1Va.
Code Ann. § 2.2-3707(C) (Michie 2001) (effective Oct. 1, 2001).
2Va.
Code Ann. § 2.2-3700 (Michie 2001) (effective Oct. 1, 2001).
3Va.
Code Ann. § 2.2-3707(C) (Michie 2001) (effective Oct. 1, 2001).
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