{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3712.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3712.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3712.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3712.html"}],"law_id":54622,"edition_id":1,"section_id":54622,"structure_id":12976,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","history":"1989, c. 358, \u00a7 2.1-344.1; 1999, cc. 703, 726; 2001, c. 844; 2012, c. 428; 2017, c. 616.","full_text":"A\n\nNo closed meeting shall be held unless the public body proposing to convene such meeting has taken an affirmative recorded vote in an open meeting approving a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting as authorized in subsection A of § 2.2-3711 or other provision of law and (iii) cites the applicable exemption from open meeting requirements provided in subsection A of § 2.2-3711 or other provision of law. The matters contained in such motion shall be set forth in detail in the minutes of the open meeting. A general reference to the provisions of this chapter, the authorized exemptions from open meeting requirements, or the subject matter of the closed meeting shall not be sufficient to satisfy the requirements for holding a closed meeting.B\n\nThe notice provisions of this chapter shall not apply to closed meetings of any public body held solely for the purpose of interviewing candidates for the position of chief administrative officer. Prior to any such closed meeting for the purpose of interviewing candidates, the public body shall announce in an open meeting that such closed meeting shall be held at a disclosed or undisclosed location within 15 days thereafter.C\n\nThe public body holding a closed meeting shall restrict its discussion during the closed meeting only to those matters specifically exempted from the provisions of this chapter and identified in the motion required by subsection A.D\n\nAt the conclusion of any closed meeting, the public body holding such meeting shall immediately reconvene in an open meeting and shall take a roll call 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 public business matters lawfully exempted from open meeting requirements under this chapter and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body. Any member of the public body who 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 the departure that, in his judgment, has taken place. The statement shall be recorded in the minutes of the public body.E\n\nFailure of the certification required by subsection D to receive the affirmative vote of a majority of the members of the public body present during a meeting shall not affect the validity or confidentiality of such meeting with respect to matters considered therein in compliance with the provisions of this chapter. The recorded vote and any statement made in connection therewith, shall upon proper authentication, constitute evidence in any proceeding brought to enforce the provisions of this chapter.F\n\nA public body may permit nonmembers to attend a closed meeting if such persons are deemed necessary or if their presence will reasonably aid the public body in its consideration of a topic that is a subject of the meeting.G\n\nA member of a public body shall be permitted to attend a closed meeting held by any committee or subcommittee of that public body, or a closed meeting of any entity, however designated, created to perform the delegated functions of or to advise that public body. Such member shall in all cases be permitted to observe the closed meeting of the committee, subcommittee or entity. In addition to the requirements of § 2.2-3707, the minutes of the committee or other entity shall include the identity of the member of the parent public body who attended the closed meeting.H\n\nExcept as specifically authorized by law, in no event may any public body take action on matters discussed in any closed meeting, except at an open meeting for which notice was given as required by § 2.2-3707.I\n\nMinutes may be taken during closed meetings of a public body, but shall not be required. Such minutes shall not be subject to mandatory public disclosure.","order_by":null,"text":{"0":{"id":200621,"text":"No closed meeting shall be held unless the public body proposing to convene such meeting has taken an affirmative recorded vote in an open meeting approving a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting as authorized in subsection A of § 2.2-3711 or other provision of law and (iii) cites the applicable exemption from open meeting requirements provided in subsection A of § 2.2-3711 or other provision of law. The matters contained in such motion shall be set forth in detail in the minutes of the open meeting. A general reference to the provisions of this chapter, the authorized exemptions from open meeting requirements, or the subject matter of the closed meeting shall not be sufficient to satisfy the requirements for holding a closed meeting.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200622,"text":"The notice provisions of this chapter shall not apply to closed meetings of any public body held solely for the purpose of interviewing candidates for the position of chief administrative officer. Prior to any such closed meeting for the purpose of interviewing candidates, the public body shall announce in an open meeting that such closed meeting shall be held at a disclosed or undisclosed location within 15 days thereafter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200623,"text":"The public body holding a closed meeting shall restrict its discussion during the closed meeting only to those matters specifically exempted from the provisions of this chapter and identified in the motion required by subsection A.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":200624,"text":"At the conclusion of any closed meeting, the public body holding such meeting shall immediately reconvene in an open meeting and shall take a roll call 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 public business matters lawfully exempted from open meeting requirements under this chapter and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body. Any member of the public body who 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 the departure that, in his judgment, has taken place. The statement shall be recorded in the minutes of the public body.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":200625,"text":"Failure of the certification required by subsection D to receive the affirmative vote of a majority of the members of the public body present during a meeting shall not affect the validity or confidentiality of such meeting with respect to matters considered therein in compliance with the provisions of this chapter. The recorded vote and any statement made in connection therewith, shall upon proper authentication, constitute evidence in any proceeding brought to enforce the provisions of this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":200626,"text":"A public body may permit nonmembers to attend a closed meeting if such persons are deemed necessary or if their presence will reasonably aid the public body in its consideration of a topic that is a subject of the meeting.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":200627,"text":"A member of a public body shall be permitted to attend a closed meeting held by any committee or subcommittee of that public body, or a closed meeting of any entity, however designated, created to perform the delegated functions of or to advise that public body. Such member shall in all cases be permitted to observe the closed meeting of the committee, subcommittee or entity. In addition to the requirements of § 2.2-3707, the minutes of the committee or other entity shall include the identity of the member of the parent public body who attended the closed meeting.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":200628,"text":"Except as specifically authorized by law, in no event may any public body take action on matters discussed in any closed meeting, except at an open meeting for which notice was given as required by § 2.2-3707.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":200629,"text":"Minutes may be taken during closed meetings of a public body, but shall not be required. Such minutes shall not be subject to mandatory public disclosure.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":12976,"edition_id":1,"name":"Virginia Freedom of Information Act","identifier":"37","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":176447,"object_type":"structure","relational_id":12976,"identifier":"37","token":"2.2\/II\/B\/37","url":"\/2.2\/II\/B\/37\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55569,"structure_id":12976,"section_number":"2.2-3700","catch_line":"Short title; policy","url":"\/2.2-3700\/","token":"2.2\/II\/B\/37\/2.2-3700","metadata":false},{"id":62411,"structure_id":12976,"section_number":"2.2-3701","catch_line":"Definitions","url":"\/2.2-3701\/","token":"2.2\/II\/B\/37\/2.2-3701","metadata":false},{"id":84993,"structure_id":12976,"section_number":"2.2-3702","catch_line":"Notice of chapter","url":"\/2.2-3702\/","token":"2.2\/II\/B\/37\/2.2-3702","metadata":false},{"id":72501,"structure_id":12976,"section_number":"2.2-3703","catch_line":"Public bodies and records to which chapter inapplicable; voter registration and election records; access by persons incarcerated in a state, local, or federal correctional facility","url":"\/2.2-3703\/","token":"2.2\/II\/B\/37\/2.2-3703","metadata":false},{"id":65525,"structure_id":12976,"section_number":"2.2-3703.1","catch_line":"Disclosure pursuant to court order or subpoena","url":"\/2.2-3703.1\/","token":"2.2\/II\/B\/37\/2.2-3703.1","metadata":false},{"id":55816,"structure_id":12976,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","url":"\/2.2-3704\/","token":"2.2\/II\/B\/37\/2.2-3704","metadata":false},{"id":59602,"structure_id":12976,"section_number":"2.2-3704.01","catch_line":"Records containing both excluded and nonexcluded information; duty to redact","url":"\/2.2-3704.01\/","token":"2.2\/II\/B\/37\/2.2-3704.01","metadata":false},{"id":85069,"structure_id":12976,"section_number":"2.2-3704.1","catch_line":"Posting of notice of rights and responsibilities by state and local public bodies; assistance by the Freedom of Information Advisory Council","url":"\/2.2-3704.1\/","token":"2.2\/II\/B\/37\/2.2-3704.1","metadata":false},{"id":71452,"structure_id":12976,"section_number":"2.2-3704.2","catch_line":"Public bodies to designate FOIA officer","url":"\/2.2-3704.2\/","token":"2.2\/II\/B\/37\/2.2-3704.2","metadata":false},{"id":84504,"structure_id":12976,"section_number":"2.2-3704.3","catch_line":"Training for local officials","url":"\/2.2-3704.3\/","token":"2.2\/II\/B\/37\/2.2-3704.3","metadata":false},{"id":86102,"structure_id":12976,"section_number":"2.2-3705","catch_line":"Repealed","url":"\/2.2-3705\/","token":"2.2\/II\/B\/37\/2.2-3705","metadata":false},{"id":72874,"structure_id":12976,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; exclusions of general application to public bodies","url":"\/2.2-3705.1\/","token":"2.2\/II\/B\/37\/2.2-3705.1","metadata":false},{"id":67553,"structure_id":12976,"section_number":"2.2-3705.2","catch_line":"Exclusions to application of chapter; records relating to public safety","url":"\/2.2-3705.2\/","token":"2.2\/II\/B\/37\/2.2-3705.2","metadata":false},{"id":77912,"structure_id":12976,"section_number":"2.2-3705.3","catch_line":"(Effective July 1, 2026) Exclusions to application of chapter; records relating to administrative investigations","url":"\/2.2-3705.3\/","token":"2.2\/II\/B\/37\/2.2-3705.3","metadata":false},{"id":69909,"structure_id":12976,"section_number":"2.2-3705.4","catch_line":"Exclusions to application of chapter; educational records and certain records of educational institutions","url":"\/2.2-3705.4\/","token":"2.2\/II\/B\/37\/2.2-3705.4","metadata":false},{"id":60253,"structure_id":12976,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; 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criminal incident information and certain criminal investigative files; limitations","url":"\/2.2-3706.1\/","token":"2.2\/II\/B\/37\/2.2-3706.1","metadata":false},{"id":58697,"structure_id":12976,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","url":"\/2.2-3707\/","token":"2.2\/II\/B\/37\/2.2-3707","metadata":false},{"id":58814,"structure_id":12976,"section_number":"2.2-3707.01","catch_line":"Meetings of the General Assembly","url":"\/2.2-3707.01\/","token":"2.2\/II\/B\/37\/2.2-3707.01","metadata":false},{"id":79260,"structure_id":12976,"section_number":"2.2-3707.02","catch_line":"Meetings of Virginia Parole Board","url":"\/2.2-3707.02\/","token":"2.2\/II\/B\/37\/2.2-3707.02","metadata":false},{"id":66397,"structure_id":12976,"section_number":"2.2-3707.1","catch_line":"Posting of minutes for state boards and commissions","url":"\/2.2-3707.1\/","token":"2.2\/II\/B\/37\/2.2-3707.1","metadata":false},{"id":58470,"structure_id":12976,"section_number":"2.2-3707.2","catch_line":"Posting of minutes for local public bodies","url":"\/2.2-3707.2\/","token":"2.2\/II\/B\/37\/2.2-3707.2","metadata":false},{"id":87037,"structure_id":12976,"section_number":"2.2-3708","catch_line":"Repealed","url":"\/2.2-3708\/","token":"2.2\/II\/B\/37\/2.2-3708","metadata":false},{"id":55165,"structure_id":12976,"section_number":"2.2-3708.1","catch_line":"Repealed","url":"\/2.2-3708.1\/","token":"2.2\/II\/B\/37\/2.2-3708.1","metadata":false},{"id":78376,"structure_id":12976,"section_number":"2.2-3708.2","catch_line":"Meetings held through electronic communication means during declared states of emergency","url":"\/2.2-3708.2\/","token":"2.2\/II\/B\/37\/2.2-3708.2","metadata":false},{"id":54063,"structure_id":12976,"section_number":"2.2-3708.3","catch_line":"Meetings held through electronic communication means; 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This law was first created in 1989. The record of its establishment is cataloged in chapter 358 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapters 703<\/a> and 726<\/a>; in 2001, chapter 844<\/a>; in 2012, chapter 428<\/a>; in 2017, chapter 616<\/a>.<\/p>","references":[{"id":78376,"section_number":"2.2-3708.2","catch_line":"Meetings held through electronic communication means during declared states of emergency","order_by":null,"url":"\/2.2-3708.2\/"},{"id":54063,"section_number":"2.2-3708.3","catch_line":"Meetings held through electronic communication means; situations other than declared states of emergency","order_by":null,"url":"\/2.2-3708.3\/"},{"id":73159,"section_number":"2.2-3714","catch_line":"Violations and penalties","order_by":null,"url":"\/2.2-3714\/"},{"id":86654,"section_number":"23.1-1301","catch_line":"Governing boards; powers","order_by":null,"url":"\/23.1-1301\/"},{"id":83516,"section_number":"32.1-283.1","catch_line":"State Child Fatality Review Team; membership; access to and maintenance of records; confidentiality; etc","order_by":null,"url":"\/32.1-283.1\/"},{"id":74829,"section_number":"32.1-283.8","catch_line":"Maternal Mortality Review Team; duties; membership; confidentiality; penalties; report; etc","order_by":null,"url":"\/32.1-283.8\/"},{"id":82101,"section_number":"37.2-314.1","catch_line":"Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty","order_by":null,"url":"\/37.2-314.1\/"}],"refers_to":[{"id":58697,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","order_by":null,"url":"\/2.2-3707\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"}],"permalink":{"id":176581,"object_type":"law","relational_id":54622,"identifier":"2.2-3712","token":"2.2\/II\/B\/37\/2.2-3712","url":"\/2.2-3712\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3712\/","token":"2.2\/II\/B\/37\/2.2-3712","dublin_core":{"Title":"Closed meetings procedures; certification of proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3712","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No closed meeting<\/span> shall be held unless the public body<\/span> proposing to convene such meeting has taken an affirmative recorded vote in an open meeting<\/span> approving a motion<\/span> that (i) identifies the subject matter, (ii) states the purpose of the meeting as authorized in subsection A of § 2.2-3711<\/a> or other provision of law<\/span> and (iii) cites the applicable exemption from open meeting<\/span> requirements provided in subsection A of § 2.2-3711<\/a> or other provision of law<\/span>. The matters contained in such motion<\/span> shall be set forth in detail in the minutes of the open meeting<\/span>. A general reference to the provisions of this chapter, the authorized exemptions from open meeting<\/span> requirements, or the subject matter of the closed meeting<\/span> shall not be sufficient to satisfy the requirements for holding a closed meeting<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The notice provisions of this chapter shall not apply to closed meetings<\/span> of any public body<\/span> held solely for the purpose of interviewing candidates for the position of chief administrative officer. Prior to any such closed meeting<\/span> for the purpose of interviewing candidates, the public body<\/span> shall announce in an open meeting<\/span> that such closed meeting<\/span> shall be held at a disclosed or undisclosed location within 15 days thereafter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The public body<\/span> holding a closed meeting<\/span> shall restrict its discussion during the closed meeting<\/span> only to those matters specifically exempted from the provisions of this chapter and identified in the motion<\/span> required by subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At the conclusion of any closed meeting<\/span>, the public body<\/span> holding such meeting shall immediately reconvene in an open meeting<\/span> and shall take a roll call 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 public business<\/span> matters lawfully exempted from open meeting<\/span> requirements under this chapter and (ii) only such public business<\/span> matters as were identified in the motion<\/span> by which the closed meeting<\/span> was convened were heard, discussed or considered in the meeting by the public body<\/span>. Any member of the public body<\/span> who 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 the departure that, in his judgment<\/span>, has taken place. The statement shall be recorded in the minutes of the public body<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Failure of the certification required by subsection D to receive the affirmative vote of a majority of the members of the public body<\/span> present during a meeting shall not affect the validity or confidentiality of such meeting with respect to matters considered therein in compliance with the provisions of this chapter. The recorded vote and any statement made in connection therewith, shall upon proper authentication, constitute evidence<\/span> in any proceeding brought to enforce the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A public body<\/span> may permit nonmembers to attend a closed meeting<\/span> if such persons are deemed necessary or if their presence will reasonably aid the public body<\/span> in its consideration of a topic that is a subject of the meeting. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A member of a public body<\/span> shall be permitted to attend a closed meeting<\/span> held by any committee or subcommittee of that public body<\/span>, or a closed meeting<\/span> of any entity, however designated, created to perform the delegated functions of or to advise that public body<\/span>. Such member shall in all cases be permitted to observe the closed meeting<\/span> of the committee, subcommittee or entity. In addition to the requirements of § 2.2-3707<\/a>, the minutes of the committee or other entity shall include the identity of the member of the parent public body<\/span> who attended the closed meeting<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Except as specifically authorized by law<\/span>, in no event may any public body<\/span> take action on matters discussed in any closed meeting<\/span>, except at an open meeting<\/span> for which notice was given as required by § 2.2-3707<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Minutes may be taken during closed meetings<\/span> of a public body<\/span>, but shall not be required. Such minutes shall not be subject to mandatory public disclosure. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCLOSED MEETINGS PROCEDURES; CERTIFICATION OF PROCEEDINGS (\u00a7 2.2-3712)\n\nA. No closed meeting shall be held unless the public body proposing to convene\nsuch meeting has taken an affirmative recorded vote in an open meeting approving\na motion that (i) identifies the subject matter, (ii) states the purpose of the\nmeeting as authorized in subsection A of § 2.2-3711 or other provision of\nlaw and (iii) cites the applicable exemption from open meeting requirements\nprovided in subsection A of § 2.2-3711 or other provision of law. The\nmatters contained in such motion shall be set forth in detail in the minutes of\nthe open meeting. A general reference to the provisions of this chapter, the\nauthorized exemptions from open meeting requirements, or the subject matter of\nthe closed meeting shall not be sufficient to satisfy the requirements for\nholding a closed meeting.\n\nB. The notice provisions of this chapter shall not apply to closed meetings of\nany public body held solely for the purpose of interviewing candidates for the\nposition of chief administrative officer. Prior to any such closed meeting for\nthe purpose of interviewing candidates, the public body shall announce in an\nopen meeting that such closed meeting shall be held at a disclosed or\nundisclosed location within 15 days thereafter.\n\nC. The public body holding a closed meeting shall restrict its discussion during\nthe closed meeting only to those matters specifically exempted from the\nprovisions of this chapter and identified in the motion required by subsection\nA.\n\nD. At the conclusion of any closed meeting, the public body holding such meeting\nshall immediately reconvene in an open meeting and shall take a roll call or\nother recorded vote to be included in the minutes of that body, certifying that\nto the best of each member’s knowledge (i) only public business matters\nlawfully exempted from open meeting requirements under this chapter and (ii)\nonly such public business matters as were identified in the motion by which the\nclosed meeting was convened were heard, discussed or considered in the meeting\nby the public body. Any member of the public body who believes that there was a\ndeparture from the requirements of clauses (i) and (ii), shall so state prior to\nthe vote, indicating the substance of the departure that, in his judgment, has\ntaken place. The statement shall be recorded in the minutes of the public body.\n\nE. Failure of the certification required by subsection D to receive the\naffirmative vote of a majority of the members of the public body present during\na meeting shall not affect the validity or confidentiality of such meeting with\nrespect to matters considered therein in compliance with the provisions of this\nchapter. The recorded vote and any statement made in connection therewith, shall\nupon proper authentication, constitute evidence in any proceeding brought to\nenforce the provisions of this chapter.\n\nF. A public body may permit nonmembers to attend a closed meeting if such\npersons are deemed necessary or if their presence will reasonably aid the public\nbody in its consideration of a topic that is a subject of the meeting.\n\nG. A member of a public body shall be permitted to attend a closed meeting held\nby any committee or subcommittee of that public body, or a closed meeting of any\nentity, however designated, created to perform the delegated functions of or to\nadvise that public body. Such member shall in all cases be permitted to observe\nthe closed meeting of the committee, subcommittee or entity. In addition to the\nrequirements of § 2.2-3707, the minutes of the committee or other entity\nshall include the identity of the member of the parent public body who attended\nthe closed meeting.\n\nH. Except as specifically authorized by law, in no event may any public body\ntake action on matters discussed in any closed meeting, except at an open\nmeeting for which notice was given as required by § 2.2-3707.\n\nI. Minutes may be taken during closed meetings of a public body, but shall not\nbe required. Such minutes shall not be subject to mandatory public disclosure.\n\nHISTORY: 1989, c. 358, \u00a7 2.1-344.1; 1999, cc. 703, 726; 2001, c. 844; 2012, c.\n428; 2017, c. 616.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}