VIRGINIA FREEDOM OF INFORMATION ACT. MEETINGS BETWEEN REPRESENTATIVES OF SEVERAL LOCAL GOVERNING BODIES TO DISCUSS REGIONAL MATTERS. NOT MEETINGS UNDER 2.1-343 IF REPRESENTATION RESTRICTED TO TWO INDIVIDUAL MEMBERS FROM EACH GOVERNING BODY.

December 29, 1981

The Honorable George W. Grayson
Member, House of Delegates

81-82 436

You ask whether meetings between representatives of several local governing bodies to discuss regional matters, such as water resources, are meetings under §2.1-343 of the Code of Virginia (1950), as amended, if representation is restricted to two members from each governing body.

Section 2.1-343 states that, except as otherwise specifically provided by law and except as provided in §§2.1-344 and 2.1-345, all meetings shall be public meetings.

Section 2.1-341 (a) provides that "meetings" means the meetings, when sitting as a body or entity, or as an informal assemblage of (i) as many as three members, or (ii) a quorum, if less than three, of the constituent membership, of any legislative body or agency of any political subdivision of the Commonwealth, including municipal councils, governing bodies of counties, or other organizations or agencies in the Commonwealth, supported wholly or principally by public funds. Section 2.1-341 (a), therefore, permits two members ofa public body to meet privately without violating the Virginia Freedom of Information Act (the "Act"), except where such two members constitute a standing committee acting on behalf of the full membership of the public body.^l

It is my understanding that the two representatives from each governing body are not standing or established committees of the governing bodies with authority to act for their governing bodies. Under these circumstances, the two representatives from each jurisdiction would not constitute a legislative body or agency of a local political subdivision.

Section 2.1-344(d) provides that nothing therein shall be construed to prevent the holding of conferences between two or more public bodies, or their representatives, but these conferences shall be subject to the same regulations for holding executive or closed sessions as are applicable to any other public body. Since the two representatives of each jurisdiction do not constitute a meeting of a public body, their joint conference does not constitute a meeting subject to the public meeting requirements of the Act.

Accordingly, it is my opinion that the meetings you describe between representatives of several local governing bodies to discuss regional matters, such as water resources, are not required to be public meetings under §2.1-343.

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Footnotes:

1 See Opinion to the Honorable J. Paul Councill, Jr., Member House of Delegates, dated May 11, 1981, found in Report of the Attorney General (1980-1981) at 384 (meetings of committee of local governing body with only two members) (copy enclosed).