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to the school board. According to chairman Johnson’s statement at the time, the decision was reached in executive session. No vote was taken at an earlier June 21 meeting of the electoral trustees to enter executive session and no vote was taken at the June 25 meeting to appoint Eldred and Eastham.
“The School Trustee Electoral Board must follow ”the procedures set forth in the Virginia Freedom of information Act,” wrote Coleman in his opinion. “These sections generally require the following action to be taken in order to properly convene in closed session: 1) in open session an affirmative vote to go into closed session, specifically stating the purpose of the closed meeting and the applicable Code section; 2) during closed session, only the items mentioned in the affirmative vote may be discussed; 3) upon reconvening, any action taken during closed session must be affirmatively voted on again in public session.”
According to Coleman, none of the actions taken by the board since Eastham and Eldred joined are invalid. “A newly, but improperly, appointed board member would serve as a de facto officer. His own actions and those of the school board are valid until such time as he receives notice of his defective appointment.” Coleman also noted that any person alleging denial of the rights and privileges conferred by the Freedom of Information Act may enforce provisions of the Act by petition for mandamus or injunction in the appropriate court of record.
No Conflict of Interest In regard to the ap
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