Jim Gwynn, Franklin County's county attorney and parliamentarian, gave a session on the Virginia Freedom of Information Act (FOIA), public-records obligations and the Conflict of Interest Act (COIA) during the board's Jan. 2 organizational meeting.

Gwynn told supervisors that FOIA is interpreted broadly by the courts and warned that gatherings of more than two members where public business is discussed can constitute a meeting under FOIA even if the members say they are only listening. "For purposes of this definition of meeting only, the term public business means any activity a public body has undertaken or proposes to undertake on behalf of the people it represents," Gwynn said while describing statutory changes that followed a Virginia Supreme Court decision.

He reviewed the common exemptions that permit closed meetings, including personnel (limited to board-appointed positions), acquisition or disposition of real property when openness would harm negotiations, consultation with legal counsel for litigation and specific legal matters, and discussion of proprietary records for procurement. Gwynn emphasized the requirement to identify the statutory basis for any closed session and to specify the subject matter in the public motion before the board goes into executive session.

On public records and electronic communications, Gwynn advised supervisors to use the county email account for official business so that records remain on county servers and can be retrieved if a FOIA request arrives. He cautioned that personal email and personal computers can be subject to subpoena in litigation and that officials who use personal accounts risk more burdensome searches by IT and outside counsel. "By all means, use the county email address. If you don't take anything else away from this, that's the most important thing I can tell you," he said.

Gwynn also reviewed COIA filing requirements and recommended that supervisors consult the Commonwealth's attorney when a possible conflict of interest arises. He said a formal opinion or letter from the Commonwealth's attorney provides stronger protection than private advice alone.

Why this matters: FOIA and COIA govern transparency and legal compliance for local elected officials. Missteps can trigger litigation, disclosure demands and administrative burdens for county staff.

Board members asked procedural questions about attending local events and candidate forums, the limits on remote participation for personal matters, and the types of personnel issues appropriate for closed sessions. Gwynn urged caution: even well-intentioned attendance at an event could create the appearance of a discussion of public business, and he recommended avoiding discussion of public business when more than two members are present.

The training concluded with an invitation to consult the county attorney and the Commonwealth's attorney on specific questions and with a reminder from staff about records retention and disclosure procedures.