Courts would weigh legal guidance in public records violation cases

When deciding whether an official willfully and knowingly violated public records rules, a court would consider the official’s good faith reliance on specified legal guidance. This applies to public body officers, employees, or members accused of a willful and knowing violation. The guidance includes opinions from the Attorney General and the Virginia Freedom of Information Advisory Council, court cases supporting the official’s actions, and advice from the public body’s lawyer. The text connects reliance on an advisory opinion to whether the official acted willfully and knowingly.

A court may fine a public body for improperly certifying a closed meeting and must consider listed mitigating factors when deciding whether to impose a fine. This applies to a public body that votes to certify a closed meeting. A fine is possible only if the public body voted to certify a closed meeting and its certification failed to meet the stated requirements. The fine may be up to $1,000. The court must consider factors including reliance on legal and professional guidance.