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The clipping this text was read from
The clipping this text was read from

board violates FOI and if that violation is reported, then it’s up to the commonwealth’s attorney to advise the board to comply, Konick said. If that compliance isn’t forthcoming, “then it’s the commonwealth's attorney’s duty to prosecute,” he added. "Bob Horan (commonwealth’s attorney in Fairfax) did just that.”

Luke reported that the issue raised by Kilpatrick is addressed in the Virginia Public Procurement law. “This is a new law and it’s not generally understood,” he said, adding that he’d worked with the new law as attorney for the Rappahannock-Rapidan Community Services Board. “I think there’s a special provision in there that applies directly to the question you raised here tonight.”

As to seeking an attorney general’s opinion on the exemption for private sessions utilized regularly by the school board, Luke said he would decline to request such an opinion and rely instead on his own reading of the Freedom of Information Act. “I would hope that any governing body that consulted me would have enough confidence to trust my legal opinion. I’m opposed to running down to Richmond ev

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