dissenting.
I cannot join in a decision which I find wholly inconsistent with public policy declared by the General Assembly.
Virginia’s Freedom of Information Act is best described as a “right-to-know law”. The evil it seeks to cure is secrecy in government. In its statement of policy, the Act “recognizes that 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.” Code § 2.1-340.1. All public business not expressly exempt by the Act must be conducted in public. Although “[djiscussion or consideration” of certain types of business may be conducted in “[ejxecutive or closed meetings”, Code § 2.1-344(a), no such meeting can be held without prior notice to the people, publicized in open meeting by adoption of a motion stating the specific subject or subjects authorized by the Act to be considered in secret, Code § 2.1-344(b). No action taken in a private meeting can become effective unless later ratified in a meeting open to the public. Code § 2.1-344(c).
Manifestly, the legislative purpose of the Act was to promote the right of the people to know what government officials, elected and appointed, plan to discuss and consider in private as well as what they do in public in the discharge of the fiduciary duties entrusted to them. The right to know, of course, is essential to the right of the people to call their servants to account at the polls or in the courts.
Courts should construe statutes enacted to promote the rights of the people in the light most favorable to the people. The Virginia Act codifies that rule of construction. “To the end that the purposes of this chapter may be realized, it shall be liberally construed to promote an increased awareness by all persons of governmental activities . . . [and] [a]ny exception or exemption from applicability shall be narrowly construed . . . .” Code § 2.1-340.1.
The majority stands this rule on its head. Construing the word “meeting” to mean a physical “sitting” at a common situs, the majority broadens rather than narrows the statutory exceptions *195and exemptions and impedes rather than promotes public “awareness ... of governmental activities”. Hereafter, under the majority’s decision, any public body so inclined can discuss and consider all its public business, whether covered or exempt by the Act, by teleconference and without prior notice to the public.1 Such practice is patently inconsistent with the stated purpose of the Act.
It is true, as the majority says, that “[njowhere in the Act is any reference made to a telephone call or conversation.” But that does not prove that the legislature intended to exempt meetings held in such manner from the provisions of the Act. Indeed, a published report of a study authorized by the House of Delegates indicates otherwise. A subcommittee, appointed in 1982 pursuant to House Resolution 11, reported that “all participants agreed that the Act should not be weakened by exempting conference calls from the provisions of the Act.” It was the view of the members that “any meeting held through teleconferencing by a public body in which the business of the citizens of the Commonwealth is discussed or conducted is subject to the Virginia Freedom of Information Act and should be conducted in a manner which would not violate that Act or any other provision of law.”2
I subscribe to that view, and I reject the contrary view adopted by the majority. Guided by the public policy the Act seeks to promote, I would define “meeting” as any gathering, whether in person or by telecommunications, of the members of any public body covered by the Act when that gathering is convened to discuss or transact public business. Under that definition, any meeting conducted by telecommunications, although called to consider subjects exempt under Code § 2.1-344(a), would be unlawful unless convened in compliance with the provisions of Code § 2.1-344(b).
*196This definition comports with the construction applied by the chancellor, and I would affirm his decree.
STEPHENSON and THOMAS, JJ., join in dissent.
Seeking to reinforce its rationale, the majority embraces the School Board’s argument that the trial court’s construction would lead to absurd results in other cases. Since two members of a three-member public body constitute a quorum, the majority fears that “any telephonic communication between the two pertaining to the business of the body or entity would be impermissible under the trial court’s ruling.” Would not the same be true if the two held a pre-arranged conversation while “sitting” at a lunch counter?
The subcommittee, noting the pendency of the appeal in this case, recommended “that no amendments be made at this time.” Arguably, the subcommittee concluded that no legislation would be necessary unless this Court disagreed with the views expressed in its report.