Meeting Minutes Requirements Under the Virginia Freedom of Information Act

The official record of the proceedings of a deliberative assembly is usually called the minutes….The minutes should be kept in a substantial book or binder.

Robert’s Rules of Order Newly Revised (12th Edition), §48:1

While Robert’s Rules of Order Newly Revised contains guidance on meeting minutes in section 48, there are many additional requirements for meeting minutes for Virginia public bodies that are subject to the Virginia Freedom of Information Act (VFOIA).  Because these public bodies transact business using taxpayer dollars, state law requires additional transparency so that the public can understand the inner workings of its government. 

Meeting minutes serve as an excellent form of documentation for an individual that cannot attend a public meeting.  This helps meet the Virginia General Assembly’s goal aspiration that the affairs of government are not intended to be conducted in an atmosphere of secrecy.

This post goes over the VFOIA requirements for Virginia public body meeting minutes.  As always, please schedule a free initial consultation with us or leave a comment if you have questions!

Minutes Must Be Written

VFOIA requires that minutes be in writing (§2.2-3707).  Although this may seem like common sense, it is a requirement for a reason!  Essentially, this means that a public body cannot simply post an audio or video recording of a meeting and call that the “minutes.”  There is an obligation for the public body to distill its proceedings into a document that can be referred to down the road.

The Setting of the Meeting

Minutes must include the time, date, and location of a meeting (§2.2-3707).  The meeting location in the minutes should match the location that was contained in the notice of the meeting.  During the world of COVID-19 and electronic meetings, listing the “location” of a meeting should also include the electronic meeting platform that served as the location, along with the nature of the emergency situation for why the public body held an electronic meeting.  For a hybrid meeting where some members participated in-person while others participated electronically, the minutes must identify both the in-person and remote locations (§2.2-3708.2).

Roll Call of Members

A list of members present and absent must be included in VFOIA minutes (§2.2-3707).  If a member of a public body is participating through electronic communication means, this fact, the reason for participation, and the location of participation must be stated in the minutes. 

Discussion Summary

Public body minutes under VFOIA must include “a summary of the discussion on matters proposed, deliberated or decided” (§2.2-3707).  While the Act does not give direction about how detailed the summary needs to be, at a minimum it is supposed to be a summary and not a verbatim account of the discussion.  Many public bodies will put answers from staff in the minutes to supplement written reports.

Votes

The minutes must contain a record of any votes taken.  This is probably the most important requirement because it allows citizens to hold public body members accountable for how they interacted with a certain issue.  For meetings conducted through electronic communication means, VFOIA mandates roll-call votes, with each person’s vote recorded in the minutes (§2.2-3708.2).

Closed Sessions

Virginia public bodies can hold closed meetings for specific purposes, such as personnel matters or consulting with legal counsel.  If a public body decides to hold a closed session, the reason for entering closed session must be stated in the motion and recorded in the minutes.  After the closed session is complete, the public body must reconvene in open session and take a roll call vote certifying that the public body only discussed appropriate matters in closed session.  This certifying vote is recorded in the minutes (§2.2-3712)

In conclusion, recording the meeting minutes of Virginia public bodies subject to the Virginia Freedom of Information Act is an awesome responsibility that has many requirements to keep the public informed.  Last Minute Meetings can provide assistance to public bodies with our Recording Secretary services where we take the meeting minutes for you!

If you have any questions, please leave a comment below or contact us for a free initial consultation.

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Donald Garrett, MPA, PRP is a Professional Registered Parliamentarian based in the Washington, DC Metropolitan area (Northern Virginia). He received both his Bachelor of Arts (Government) and Master of Public Administration from George Mason University.
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