January 3, 1973

THE HONORABLE ROBERT E. WASHINGTON
Member, House of Delegates

72-73 496

This will acknowledge receipt of your recent letter in which you posed the following question:

"Is a special investigative commission organized pursuant to a resolution by the City Council, City of Norfolk, acting under the authority granted them by § 51 of the Charter of the City of Norfolk, Virginia, which states in part, 'the Council . . . or commission authorized by the . . . shall have power to make investigations into City affairs, and for that purpose to subpoena witnesses, administer oaths, and compel the production of books and paper ', subject to the provisions of the Virginia Freedom of Information Act, Chapter 21, § 2.1-340 through § 2.1-346, Code of Virginia?"

Section 2.1-345 of the Code of Virginia (1950), as amended, sets forth those agencies and institutions of government to which the provisions of the Freedom of Information Act are inapplicable, among which are "study commissions or committees appointed by the governing bodies of counties, cities and towns, provided that no committee or commission appointed by such governing bodies, the membership of which consists wholly of members of such governing body, shall be deemed to be study commissions or committees under the provisions of this section." I find from a review of general reference sources that study and investigative commissions are considered to share the same purpose of making an investigation, an inquiry or search, or pursuing a course of investigation and study. Consequently, I am of the opinion that a special investigative commission such as the one mentioned in your letter would not be subject to the provisions of the Virginia Freedom of Information Act.