Read Post #480 for the definition, and Post #495 for how this applies to Town’s decision to establish the rules for rewriting all the zoning in Vienna in private, out of the public view.
In a nutshell:
- Under the Virginia Freedom of Information Act (FOIA), any time three* or more members of a public body gather to discuss public business, that’s a public meeting.
- All public meetings have to be open to the public, unless there’s some well-defined reason for having a closed meeting. The statute identifies a specific list of such reasons (e.g., personnel actions).
- A meeting of two members of a public body is not a public meeting. It has to be three or more.
* Or, if a quorum is fewer than three. So if there’s a two-person subcommittee, if those two people meet to discuss public business, that’s a public meeting.
OK, now think like a bureaucrat. How do you dodge the clear intent of the Virginia FOIA, and manage to hold a meeting of (e.g.) seven members of the Town Council, but bar the public?
Simple: You break your meeting up into little pieces, where each piece only has two Town Council members present. Let me term each such piece of the overall meeting a “meetinglet”.
A single meetinglet, by itself, is more-or-less useless. But now, instead of one meeting with all seven present, you hold a coordinated series of meetinglets, one after the other, with Town Staff providing information on what has been said in all prior discussions. For legal purposes, instead of that being treated as one meeting of seven people that has been broken up into meetinglets, the law treats each meetinglet separately.
Hence, “Noah’s Ark” meeting, because you bring in the Town Council two-by-two. You break the seven-person meeting into a series of two-person meetinglets, and presto, it’s legal.
Continue reading Post #505: Revisiting #2: Let’s move the Noah’s Ark meeting into the 21st century.