August 1, 1972

THE HONORABLE ROB R. BLACKMORE,
Director Commission of Outdoor Recreation

72-73 496A

This is in reply to your recent request for my interpretation of The Virginia Freedom of Information Act in the context of the proceedings of the Commission of Outdoor Recreation.

According to your letter, the Commission meets several times each year for the purpose of considering requests for the allocation of funds to State, regional and local agencies for the purpose of acquiring and developing park land and providing and maintaining access roads to recreational facilities.

Applicants for funds present their projects to the Commission in open meeting and all persons wishing to voice an opinion on the projects are given an opportunity to do so. Following the presentations, the Commission goes into executive meeting upon an affirmative vote and considers each project. The Commission then returns to open meeting and each application is put to the vote. If an application is turned down or deferred, the applicant is informed of the reasons for that decision.

I am advised that the primary purpose underlying consideration of these applications in executive meeting is that the Commission wishes to reconcile requests for funds with funds actually at its disposal. Section 2.1-344 of the Code of Virginia (1950), as amended, provides that executive meetings may be held only for seven specified purposes, none of which fairly include that of the Commission.

In view of the above, I am of the opinion that the executive meetings of the Commission as described have been held in violation of §2.1-344. If in the future, the Commission deliberates in executive session, then prior thereto, it must assure itself that the purpose of the meeting is fairly encompassed by the provisions of §2.1-344 and discussion must be limited to that purpose.