June 19, 1970

HONORABLE STANFORD E. PARRIS
Member, House of Delegates

69-70 316

This is in reply to your inquiry of June 15, 1970, as to the propriety of the Fairfax County Park Authority barring the press from a meeting held to consider the desirability and feasibility of acquiring a tract of land for use as a public park.

The Virginia Freedom of Information Act imposes limitations on the extent to which closed meetings may be held by certain public bodies. These public bodies are specified in § 2.1-341(a) of the Code of Virginia (1950), as amended. They are as follows:

". . . any authority, board, bureau, commission, district or agency of the state or of any political subdivision of the state, including cities, towns and counties; municipal councils, governing bodies of counties, school boards and planning commissions; and other organizations, corporations or agencies in the state, supported wholly or principally by public funds."

In light of the broad language quoted above, I am of the opinion that the meetings of the Park Authority are subject to the limitations imposed by the Act. The instances in which closed meetings may be held by such a body are specified in § 2.1-344 of the Code of Virginia (1950), as amended. It reads in part:

"(a) Executive or closed meetings may be held only for the following purposes: . . . (2) Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property."

Clearly, such a meeting as you specified would be a "discussion or consideration of the . . . acquisition . . . of real property for public purpose. . . ." Therefore, I am of the opinion that the Park Authority was acting in compliance with the law in holding a closed meeting under the circumstances which you indicated.