Rules of Statutory Interpretation / Construction
Used In This Retrospection
Statutory construction is a question of law which is reviewed de novo. The Falls Church v. Protestant Episcopal Church, 285 Va. 651, 653, 740 S.E.2d 530, ___ (2013)
“A cardinal rule of statutory interpretation is that ‘[w]hen one [ordinance] addresses a subject in a general manner and another addresses a part of the same subject in a more specific manner, the two [ordinances] should be harmonized, if possible, and when they conflict, the more specific [ordinance] prevails.’” Lynchburg Div. of Soc. Servs. v. Cook, 276 Va. 465, 481, 666 S.E.2d 361, 369 (2008) (quoting Alliance to Save the Mattaponi v. Commonwealth, 270 Va. 423, 439-40, 621 S.E.2d 78, 87 (2005)). Souter v. County of Warren, 11 Vap UNP 0120104 (2011)
COMMON LAW* & STATUTORY CONSTRUCTION
*the part of English law that is derived from custom and judicial precedent rather than statutes. Often contrasted with statutory law.
the body of English law as adopted and modified separately by the different states of the US and by the federal government.
*a/k/a Anglo-American law https://www.britannica.com/topic/common-law
“… [e]very meeting shall be open to the public and all public records shall be available for inspection and copying upon request. All public records and meetings shall be presumed open…”
Chapter 37. Virginia Freedom of Information Act
§ 2.2-3700. Short title; policy
A. This chapter may be cited as “The Virginia Freedom of Information Act.”
B. By enacting this chapter, the General Assembly ensures the people of the Commonwealth ready access to public records in the custody of a public body or its officers and employees, and free entry to meetings of public bodies wherein the business of the people is being conducted.# The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government. Unless a public body or its officers or employees specifically elect to exercise an exemption provided by this chapter or any other statute, every meeting shall be open to the public and all public records shall be available for inspection and copying upon request. All public records and meetings shall be presumed open,# unless an exemption is properly invoked.
The provisions of this chapter shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government. Any exemption from public access to records or meetings shall be narrowly construed and no record shall be withheld or meeting closed to the public unless specifically made exempt pursuant to this chapter or other specific provision of law.# This chapter shall not be construed to discourage the free discussion by government officials or employees of public matters with the citizens of the Commonwealth.
All public bodies and their officers and employees shall make reasonable efforts to reach an agreement with a requester concerning the production of the records requested.
Any ordinance adopted by a local governing body that conflicts with the provisions of this chapter shall be void.#
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