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A clarification issued March 13 on an earlier opinion from Attorney General Marshall Coleman reaffirms that appointments last June of Robert Eastham and Charles Eldred to the Rappahannock school board are invalid under Virginia’s Freedom of Information Act (FOI). The clarification came upon written request of Commonwealth’s Attorney Douglas Baumgardner, acting on behalf of the electoral trustees.
The appointments of both men were announced by C. E. Johnson, chairman of the electoral trustees, at a special meeting held June 25, 1979. According to Johnson’s statement at the time, the names were voted on by the chairman and members Granville Eastham and Christine Johnston in an earlier executive session.^ Records show no recorded vote to enter executive session. Neither was there a vote taken in public during the June 25 meeting.
The clarification signed by assistant attorney General Pamela Sargent states that law provides that "prior to entering executive setsioitv the members must affirmatively vote to do so. In addition, the motion must state the specific subsection of the Virginia Freedom of ^Information Act which < permits the closed meeting and must further ktate the purpose for which the closed session is being held.” .
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