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Board holds closed session on opioid distributor litigation; certification vote recorded
Summary
The Board of Supervisors entered a closed session under Virginia Code § 2.2-3711(A)(7) to consult with legal counsel about actual litigation concerning an opioid distributor and later certified by recorded vote that only lawfully exempted matters were discussed.
The Amherst County Board of Supervisors went into closed session on March 18 to consult with legal counsel about pending litigation involving an opioid distributor. The motion to enter closed session cited Section 2.2-3711(A)(7) of the Code of Virginia, which permits closed consultation with legal counsel when open discussion would adversely affect the litigating posture of a public body.
Later in the meeting the board reconvened in open session and voted to certify the closed-session discussion. A certification motion was offered and, by recorded roll call, supervisors voted that to the best of each member's knowledge only public business matters lawfully exempted from the open meeting requirements were discussed in closed session. The roll call recorded "aye" votes from Supervisors Wade, Adams, Martin and the chair; the certification motion was approved.
Why it matters: The closed session is a procedural step the board may take to receive legal advice on active litigation. The recorded certification is required by state law to confirm that no matters outside the stated exemption were discussed in private.
What the board did not disclose: The board did not provide details of the litigation in open session; only the statutory basis and the certification vote were entered into the public record.
