City attorney briefs Norfolk School Board on FOIA and Conflict of Interest rules

Margaret Kelly, assistant city attorney for the City of Norfolk, delivered required Virginia Freedom of Information Act and Conflict of Interest Act training to the Norfolk School Board, outlining when meetings and records are open to the public and the procedures for closed sessions and record requests.

Kelly said FOIA’s starting assumption is openness and that the public “is to be the beneficiary of any action taken at any level of government.” She reviewed who may invoke FOIA, what counts as a public body and how gatherings of three or more members can trigger meeting‑notice requirements. Kelly said the school board must post meeting notices at least three working days before a meeting and on three locations, including the official government website and the clerk’s office.

She explained that FOIA requires a public‑body response to a records request within five working days, and that the body may ask for an additional seven working days when necessary. Kelly said requests may be oral or submitted through the JustFOIA portal and that the designated FOIA officer — identified in the session as Mr. Walker — is the public point of contact to route requests to custodians and oversee deadlines.

On closed meetings, Kelly walked through the statutory procedure the board must follow, including stating the purpose and the specific code exemption on the record and, afterward, making any substantive decisions in an open session. She told the board that members, the public and the press may record open meetings, though the board may set reasonable rules about camera placement.

Kelly then summarized Conflict of Interest Act requirements and disclosure duties. She emphasized that the COIA training certified by the Virginia Conflict of Interest and Ethics Advisory Council must be completed within two months of taking office and again at least once every two years. Kelly reviewed the general prohibition against accepting things of value tied to official duties and noted a $100-per-person annual reporting threshold for some gifts; she also described common exceptions (family and personal friendships, widely attended events, and certain employer relationships) and the need to disclose potential personal interests in contracts under state code.

Kelly warned that violations can carry civil and criminal consequences and urged board members to consult the city attorney’s office or the state ethics council when in doubt. She closed by telling members to forward FOIA requests promptly to the division’s FOIA officer at foia@nps.k12.va.us so staff can meet statutory response deadlines.

Kelly’s presentation was followed by routine board business.

The training included multiple references to FERPA, HIPAA and the Code of Virginia; Kelly advised that those laws create narrow exceptions to FOIA in student and health records situations.