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December 12, 2000
Mr. Kenneth Baity
Forrest, VA
The staff of the Freedom of
Information Advisory Council is authorized to issue advisory
opinions. The ensuing staff advisory opinion is based solely upon
the information presented in your e-mail of November 18, 2000.
Dear Mr. Baity:
You have asked whether a volunteer rescue squad would be
considered a public body under the Virginia Freedom of Information
Act (FOIA). You indicate that the organization receives a majority
of its funding from citizen donations and United Way contributions.
You indicate that you do not think that the organization receives
state funding, other than vehicle insurance and fuel.
Section 2.1-341 of FOIA provides:
"Public body" means any legislative body; any authority,
board, bureau, commission, district or agency of the Commonwealth
or of any political subdivision of the Commonwealth, including
cities, towns and counties; municipal councils, governing bodies of
counties, school boards and planning commissions; boards of
visitors of public institutions of higher education; and other
organizations, corporations or agencies in the Commonwealth
supported wholly or principally by public funds. (Emphasis
added).
Based upon the facts you have presented, it does not appear that
a volunteer rescue squad that is supported largely by public
donations would fall under the definition of a public body. Public
funding would not include voluntary, private donations, either from
individuals or an organization such as the United Way. Public
funds, as used in the definition, refers to government expenditures
of money to support agencies or organizations. In order to be
considered a public body, an organization would have to be
supported "wholly or principally" by money received from a state or
local government.
Thank you for contacting this office. I hope that I have been of
assistance.
Sincerely,
Maria J.K. Everett
Executive Director
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