§ 2.1-341 Definitions
The entries in green are commentary. The other text is the Act (from the Legislative Services web site).
The definitions of "public body" and "public records" are crucial to establishing the scope of the Act.
As used in this chapter unless the context requires a different meaning:
"Closed meeting" means a meeting from which the public is excluded.
"Emergency" means an unforeseen circumstance rendering the notice required by this chapter impossible or impracticable and which circumstance requires immediate action.
"Meeting" or "meetings" means the meetings including work sessions, when sitting physically, or through telephonic or video equipment pursuant to §2.1-343.1, as a body or entity, or as an informal assemblage of (i) as many as three members or (ii) a quorum, if less than three, of the constituent membership, wherever held, with or without minutes being taken, whether or not votes are cast, of any public body. The gathering of employees of a public body shall not be deemed a "meeting" subject to the provisions of this chapter.
"Open meeting" or "public meeting" means a meeting at which the public may be present.
"Public body" means any legislative body; any authority, board, bureau, commission, district or agency of the Commonwealth or of any political subdivision of the Commonwealth, including cities, towns and counties; municipal councils, governing bodies of counties, school boards and planning commissions; boards of visitors of public institutions of higher education; and other organizations, corporations or agencies in the Commonwealth supported wholly or principally by public funds. It shall include any committee or subcommittee of the public body created to perform delegated functions of the public body or to advise the public body. It shall not exclude any such committee or subcommittee because it has private sector or citizen members. Corporations organized by the Virginia Retirement System are "public bodies" for purposes of this chapter.
Plainly enough, the City of Richmond is a "public body" subject to the Act.
"Public records" means all writings and recordings which consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording or other form of data compilation, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business.
This should be clear enough: If they can store the information, the Act covers it.
Pop Quiz
- Does the Act cover the drafts, or just the finished document? Answer.
- The fellow who prepared the document did the work at home, and he left the drafts there. Surely those cannot be covered, can they? Answer.
- The Deputy Assistant Acting Administrator made notes at the budget meeting. Does the Act cover those personal notes? Answer.
- The request says: "How many police officers are on the Richmond payroll." They have to answer that, don't they? Answer.
"Scholastic records" means those records containing information directly related to a student and maintained by a public body which is an educational agency or institution or by a person acting for such agency or institution.
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