Meetings called for the sole purpose of going into a closed session are usually reserved for interviews of potential candidates.
That is not the case today when the six members of the Board will meet at 6 p.m. in Lane Auditorium. Virginia law allows for private meetings with legal counsel under several exceptions
“The purpose of the meeting is to allow a quorum of Board members to convene an open session and go immediately into a closed meeting pursuant to Section 2.2-3711 (A) of the Code of Virginia, under Subsection (7), to consult with legal counsel regarding specific legal matters requiring legal advice, including the legal implications to the Board of Supervisors and the County of Albemarle government of current issues concerning the Albemarle County Public Schools,” reads the information release sent out at 4:32 p.m. on October 14.
Subsection 7 is intended to allow a free conversation and allow questions to be asked and answers given without giving away the negotiating strategy the local government might use during “probable litigation.”
The second paragraph of the subsection sheds more insight.
“For the purposes of this subdivision, ‘probable litigation’ means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party,” reads the code.
For background, take a look at coverage from Cville Right Now.
Cville Right Now is on top of this story. Here are some articles to learn more:
- Woodbrook Elementary teacher arrested on child pornography charges, Mike Barber, March 2, 2026
- Hollymead Elementary staffer charged with sex crimes involving children, Mike Barber and Marshall LeMert, June 4, 2026
- Three Albemarle County principals ‘out of the building for an extended period of time’, Mike Barber September 28, 2026
- Dillenbeck: 15 ACPS employees have been placed on leave in last 30 days, Jackson Hephner, October 1, 2026
- Court of Appeals orders Albemarle judge to explain denial of bond to Swiney, Jackson Hephner, October 6, 2026
- Grand jury adds charges from three more victims to Michael Swiney indictment, Jackson Hephner, October 6, 2026
- Jim Dillenbeck resigns from Albemarle County School Board, Mike Barber, October 7, 2026
- ACPS employees, former Hollymead principal charged with failing to report, Jackson Hephner, October 7, 2026
- Albemarle Supervisors call special meeting to discuss school scandals, Jay Hart, October 15, 2026
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Paid subscribers cover the cost of conducting research for this article which was originally published in the October 15, 2026 edition of Charlottesville Community Engagement. You can either subscribe through Substack or make a charitable contribution.
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