VIRGINIA FREEDOM OF INFORMATION ACT. RECORDS OF COMMISSION ON LOCAL GOVERNMENT.

April 14, 1980

Thomas J. Bliley, Jr.,
Chairman, Commission on Local Government

79-80 388

You have asked whether documents, data, or other records furnished by local governments to the Commission on Local Government (the "Commission") in connection with Commission investigations conducted under the authority of Ch. 19.1 of Title 15.1 of the Code of Virainia (1950), as amended, are subject to required public disclosure by the Commission under Virginia Freedom of Information Act.

The Commission is empowered to investigate, analyze, and make findings of fact, regarding the probable effect of certain kinds of proposed actions by local governments including any proposed annexation, establishment of a town or independent city, settlement of a boundary dispute or economic growth sharing agreement among local governments Commission is required to make a written report of its findings regarding any such proposed action when so ordered a court considering such matters. The Commission's reports constitute admissible evidence in any subsequent legal proceedinos regarding the subject matter of the report but are not binding upon the court in considering such matters. The Commission is also empowered to submit its report to any affected local government. See §15.1-945.

Section 15.1-945.3 further provides that before making such report the Commission shall conduct public hearings which interested persons may testify. The same statute requires that prior to such hearings the Commission shall publish notice of the proposed hearing once per week for two successive weeks in a newspaper of general circulation in the affected counties and cities. Section 15.1-945.3 specifically provides, however, that:

"Except for any hearing or meeting specifically required by law, chapter 21 of Title 2.1 (2.1-340 et seq.) shall not be applicable to the Commission...."

Chapter 21 of Title 2.1(§2.1-340 et seq.) contains the Virginia Freedom of Information Act. Thus, I conclude that except for the Commission hearings provided for in §15.1-9453, the Commission is not subject to the requirements of the Virginia Freedom of Information Act. I am, therefore, of the opinion that documents, data, or other records submitted to the Commission by local governients are not subject to required public disclosure by the Commission.

The fact that the Commission is not required to publicly disclose such records, however, would not exempt such records from public disclosure by local government officials unless the records are otherwise exempt from disclosure under the Virginia Freedom of Information Act or other provisions of law.