{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3714.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3714.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3714.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3714.html"}],"law_id":73159,"edition_id":1,"section_id":73159,"structure_id":12976,"section_number":"2.2-3714","catch_line":"Violations and penalties","history":"1976, c. 467, \u00a7 2.1-346.1; 1978, c. 826; 1984, c. 252; 1989, c. 358; 1996, c. 578; 1999, cc. 703, 726; 2001, c. 844; 2003, c. 319; 2004, c. 690; 2008, cc. 233, 789; 2011, c. 327; 2017, c. 778; 2018, c. 55; 2019, c. 843; 2021, Sp. Sess. I, c. 483; 2022, c. 597.","full_text":"A\n\nIn a proceeding commenced against any officer, employee, or member of a public body under § 2.2-3713 for a violation of § 2.2-3704, 2.2-3705.1 through 2.2-3705.7, 2.2-3706, 2.2-3706.1, 2.2-3707, 2.2-3708.2, 2.2-3708.3, 2.2-3710, 2.2-3711, or 2.2-3712, the court, if it finds that a violation was willfully and knowingly made, shall impose upon such officer, employee, or member in his individual capacity, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than $2,000, which amount shall be paid into the Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $2,000 nor more than $5,000.B\n\nIn addition to any penalties imposed pursuant to subsection A, if the court finds that any officer, employee, or member of a public body failed to provide public records to a requester in accordance with the provisions of this chapter because such officer, employee, or member altered or destroyed the requested public records with the intent to avoid the provisions of this chapter with respect to such request prior to the expiration of the applicable record retention period set by the retention regulations promulgated pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.) by the State Library Board, the court may impose upon such officer, employee, or member in his individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of up to $100 per record altered or destroyed, which amount shall be paid into the Literary Fund.C\n\nIn addition to any penalties imposed pursuant to subsections A and B, if the court finds that a public body voted to certify a closed meeting in accordance with subsection D of § 2.2-3712 and such certification was not in accordance with the requirements of clause (i) or (ii) of subsection D of § 2.2-3712, the court may impose on the public body, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of up to $1,000, which amount shall be paid into the Literary Fund. In determining whether a civil penalty is appropriate, the court shall consider mitigating factors, including reliance of members of the public body on (i) opinions of the Attorney General, (ii) court cases substantially supporting the rationale of the public body, and (iii) published opinions of the Virginia Freedom of Information Advisory Council.","order_by":null,"text":{"0":{"id":263402,"text":"In a proceeding commenced against any officer, employee, or member of a public body under § 2.2-3713 for a violation of § 2.2-3704, 2.2-3705.1 through 2.2-3705.7, 2.2-3706, 2.2-3706.1, 2.2-3707, 2.2-3708.2, 2.2-3708.3, 2.2-3710, 2.2-3711, or 2.2-3712, the court, if it finds that a violation was willfully and knowingly made, shall impose upon such officer, employee, or member in his individual capacity, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than $2,000, which amount shall be paid into the Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $2,000 nor more than $5,000.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":263403,"text":"In addition to any penalties imposed pursuant to subsection A, if the court finds that any officer, employee, or member of a public body failed to provide public records to a requester in accordance with the provisions of this chapter because such officer, employee, or member altered or destroyed the requested public records with the intent to avoid the provisions of this chapter with respect to such request prior to the expiration of the applicable record retention period set by the retention regulations promulgated pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.) by the State Library Board, the court may impose upon such officer, employee, or member in his individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of up to $100 per record altered or destroyed, which amount shall be paid into the Literary Fund.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":263404,"text":"In addition to any penalties imposed pursuant to subsections A and B, if the court finds that a public body voted to certify a closed meeting in accordance with subsection D of § 2.2-3712 and such certification was not in accordance with the requirements of clause (i) or (ii) of subsection D of § 2.2-3712, the court may impose on the public body, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of up to $1,000, which amount shall be paid into the Literary Fund. In determining whether a civil penalty is appropriate, the court shall consider mitigating factors, including reliance of members of the public body on (i) opinions of the Attorney General, (ii) court cases substantially supporting the rationale of the public body, and (iii) published opinions of the Virginia Freedom of Information Advisory Council.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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; 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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; health and social services records","url":"\/2.2-3705.5\/","token":"2.2\/II\/B\/37\/2.2-3705.5","metadata":false},{"id":59772,"structure_id":12976,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","url":"\/2.2-3705.6\/","token":"2.2\/II\/B\/37\/2.2-3705.6","metadata":false},{"id":79544,"structure_id":12976,"section_number":"2.2-3705.7","catch_line":"Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions","url":"\/2.2-3705.7\/","token":"2.2\/II\/B\/37\/2.2-3705.7","metadata":false},{"id":59878,"structure_id":12976,"section_number":"2.2-3705.8","catch_line":"Limitation on record exclusions","url":"\/2.2-3705.8\/","token":"2.2\/II\/B\/37\/2.2-3705.8","metadata":false},{"id":76628,"structure_id":12976,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","url":"\/2.2-3706\/","token":"2.2\/II\/B\/37\/2.2-3706","metadata":false},{"id":78370,"structure_id":12976,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; 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; situations other than declared states of emergency","url":"\/2.2-3708.3\/","token":"2.2\/II\/B\/37\/2.2-3708.3","metadata":false},{"id":84465,"structure_id":12976,"section_number":"2.2-3709","catch_line":"Expired","url":"\/2.2-3709\/","token":"2.2\/II\/B\/37\/2.2-3709","metadata":false},{"id":66505,"structure_id":12976,"section_number":"2.2-3710","catch_line":"Transaction of public business other than by votes at meetings prohibited","url":"\/2.2-3710\/","token":"2.2\/II\/B\/37\/2.2-3710","metadata":false},{"id":72789,"structure_id":12976,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","url":"\/2.2-3711\/","token":"2.2\/II\/B\/37\/2.2-3711","metadata":false},{"id":54622,"structure_id":12976,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","url":"\/2.2-3712\/","token":"2.2\/II\/B\/37\/2.2-3712","metadata":false},{"id":69183,"structure_id":12976,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","url":"\/2.2-3713\/","token":"2.2\/II\/B\/37\/2.2-3713","metadata":false},{"id":73159,"structure_id":12976,"section_number":"2.2-3714","catch_line":"Violations and penalties","url":"\/2.2-3714\/","token":"2.2\/II\/B\/37\/2.2-3714","metadata":false},{"id":71321,"structure_id":12976,"section_number":"2.2-3715","catch_line":"Effect of advisory opinions from the Freedom of Information Advisory Council on liability for willful and knowing violations","url":"\/2.2-3715\/","token":"2.2\/II\/B\/37\/2.2-3715","metadata":false}],"previous_section":{"id":69183,"structure_id":12976,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","url":"\/2.2-3713\/","token":"2.2\/II\/B\/37\/2.2-3713","metadata":false},"next_section":{"id":71321,"structure_id":12976,"section_number":"2.2-3715","catch_line":"Effect of advisory opinions from the Freedom of Information Advisory Council on liability for willful and knowing violations","url":"\/2.2-3715\/","token":"2.2\/II\/B\/37\/2.2-3715","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3714\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 467 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 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 14 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 1978, chapter 826; in 1984, chapter 252; in 1989, chapter 358; in 1996, chapter 578<\/a>; in 1999, chapters 703<\/a> and 726<\/a>; in 2001, chapter 844<\/a>; in 2003, chapter 319<\/a>; in 2004, chapter 690<\/a>; in 2008, chapters 233<\/a> and 789<\/a>; in 2011, chapter 327<\/a>; in 2017, chapter 778<\/a>; in 2018, chapter 55<\/a>; in 2019, chapter 843<\/a>; in 2022, chapter 597<\/a>.<\/p>","references":[{"id":71321,"section_number":"2.2-3715","catch_line":"Effect of advisory opinions from the Freedom of Information Advisory Council on liability for willful and knowing violations","order_by":null,"url":"\/2.2-3715\/"},{"id":55927,"section_number":"32.1-271","catch_line":"Disclosure of information in records; when unlawful; when permitted; proceeding to compel disclosure; when certain records made public","order_by":null,"url":"\/32.1-271\/"}],"refers_to":[{"id":55816,"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","order_by":null,"url":"\/2.2-3704\/"},{"id":72874,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; exclusions of general application to public bodies","order_by":null,"url":"\/2.2-3705.1\/"},{"id":79544,"section_number":"2.2-3705.7","catch_line":"Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions","order_by":null,"url":"\/2.2-3705.7\/"},{"id":76628,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","order_by":null,"url":"\/2.2-3706\/"},{"id":78370,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","order_by":null,"url":"\/2.2-3706.1\/"},{"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":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":66505,"section_number":"2.2-3710","catch_line":"Transaction of public business other than by votes at meetings prohibited","order_by":null,"url":"\/2.2-3710\/"},{"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\/"},{"id":54622,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","order_by":null,"url":"\/2.2-3712\/"},{"id":69183,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","order_by":null,"url":"\/2.2-3713\/"},{"id":74854,"section_number":"42.1-76","catch_line":"Legislative intent; title of chapter","order_by":null,"url":"\/42.1-76\/"}],"permalink":{"id":176589,"object_type":"law","relational_id":73159,"identifier":"2.2-3714","token":"2.2\/II\/B\/37\/2.2-3714","url":"\/2.2-3714\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3714\/","token":"2.2\/II\/B\/37\/2.2-3714","dublin_core":{"Title":"Violations and penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3714","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In a proceeding commenced against any officer, employee, or member of a public body<\/span> under § 2.2-3713<\/a> for a violation of § 2.2-3704<\/a>, 2.2-3705.1<\/a> through 2.2-3705.7<\/a>, 2.2-3706<\/a>, 2.2-3706.1<\/a>, 2.2-3707<\/a>, 2.2-3708.2<\/a>, 2.2-3708.3<\/a>, 2.2-3710<\/a>, 2.2-3711<\/a>, or 2.2-3712<\/a>, the court<\/span>, if it finds that a violation was willfully and knowingly made, shall impose upon such officer, employee, or member in his individual capacity, whether a writ of mandamus<\/span> or injunctive relief is awarded or not, a civil penalty<\/span> of not less than $500 nor more than $2,000, which amount shall be paid into the Literary Fund. For a second or subsequent violation, such civil penalty<\/span> shall be not less than $2,000 nor more than $5,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to any penalties imposed pursuant to subsection A, if the court<\/span> finds that any officer, employee, or member of a public body<\/span> failed to provide public records<\/span> to a requester in accordance with the provisions of this chapter because such officer, employee, or member altered or destroyed the requested public records<\/span> with the intent<\/span> to avoid the provisions of this chapter with respect to such request prior to the expiration of the applicable record retention period set by the retention regulations promulgated pursuant to the Virginia Public Records<\/span> Act (§ 42.1-76<\/a> et seq.) by the State Library Board, the court<\/span> may impose upon such officer, employee, or member in his individual capacity, whether or not a writ of mandamus<\/span> or injunctive relief is awarded, a civil penalty<\/span> of up to $100 per record altered or destroyed, which amount shall be paid into the Literary Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In addition to any penalties imposed pursuant to subsections A and B, if the court<\/span> finds that a public body<\/span> voted to certify a closed meeting<\/span> in accordance with subsection D of § 2.2-3712<\/a> and such certification was not in accordance with the requirements of clause (i) or (ii) of subsection D of § 2.2-3712<\/a>, the court<\/span> may impose on the public body<\/span>, whether or not a writ of mandamus<\/span> or injunctive relief is awarded, a civil penalty<\/span> of up to $1,000, which amount shall be paid into the Literary Fund. In determining whether a civil penalty<\/span> is appropriate, the court<\/span> shall consider mitigating factors, including reliance of members of the public body<\/span> on (i) opinions<\/span> of the Attorney General<\/span>, (ii) court<\/span> cases substantially supporting the rationale of the public body<\/span>, and (iii) published opinions<\/span> of the Virginia Freedom of Information Advisory Council. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIOLATIONS AND PENALTIES (\u00a7 2.2-3714)\n\nA. In a proceeding commenced against any officer, employee, or member of a\npublic body under § 2.2-3713 for a violation of § 2.2-3704, 2.2-3705.1\nthrough 2.2-3705.7, 2.2-3706, 2.2-3706.1, 2.2-3707, 2.2-3708.2, 2.2-3708.3,\n2.2-3710, 2.2-3711, or 2.2-3712, the court, if it finds that a violation was\nwillfully and knowingly made, shall impose upon such officer, employee, or\nmember in his individual capacity, whether a writ of mandamus or injunctive\nrelief is awarded or not, a civil penalty of not less than $500 nor more than\n$2,000, which amount shall be paid into the Literary Fund. For a second or\nsubsequent violation, such civil penalty shall be not less than $2,000 nor more\nthan $5,000.\n\nB. In addition to any penalties imposed pursuant to subsection A, if the court\nfinds that any officer, employee, or member of a public body failed to provide\npublic records to a requester in accordance with the provisions of this chapter\nbecause such officer, employee, or member altered or destroyed the requested\npublic records with the intent to avoid the provisions of this chapter with\nrespect to such request prior to the expiration of the applicable record\nretention period set by the retention regulations promulgated pursuant to the\nVirginia Public Records Act (§ 42.1-76 et seq.) by the State Library Board,\nthe court may impose upon such officer, employee, or member in his individual\ncapacity, whether or not a writ of mandamus or injunctive relief is awarded, a\ncivil penalty of up to $100 per record altered or destroyed, which amount shall\nbe paid into the Literary Fund.\n\nC. In addition to any penalties imposed pursuant to subsections A and B, if the\ncourt finds that a public body voted to certify a closed meeting in accordance\nwith subsection D of § 2.2-3712 and such certification was not in\naccordance with the requirements of clause (i) or (ii) of subsection D of §\n2.2-3712, the court may impose on the public body, whether or not a writ of\nmandamus or injunctive relief is awarded, a civil penalty of up to $1,000, which\namount shall be paid into the Literary Fund. In determining whether a civil\npenalty is appropriate, the court shall consider mitigating factors, including\nreliance of members of the public body on (i) opinions of the Attorney General,\n(ii) court cases substantially supporting the rationale of the public body, and\n(iii) published opinions of the Virginia Freedom of Information Advisory\nCouncil.\n\nHISTORY: 1976, c. 467, \u00a7 2.1-346.1; 1978, c. 826; 1984, c. 252; 1989, c. 358;\n1996, c. 578; 1999, cc. 703, 726; 2001, c. 844; 2003, c. 319; 2004, c. 690;\n2008, cc. 233, 789; 2011, c. 327; 2017, c. 778; 2018, c. 55; 2019, c. 843; 2021,\nSp. Sess. I, c. 483; 2022, c. 597.","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}}