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[INCOMPLETE OPINION]
VIRGINIA FREEDOM OF INFORMATION ACT. STUDENT SENATE OF STATE
UNIVERSITY SUBJECT TO ACT.
November 5, 1984
The Honorable Joseph H. Campbell
Commonwealth's Attorney for the City of Norfolk
84-85 431
This is in response to your request for my opinion whether the
Student Senate of Old Dominion University ("ODU") is subject to the
requirements of the Virginia Freedom of Information Act,
§§2.1-340 through 2.1-346.1 of the Code of Virginia (the
"Act").
You indicate that the Student Senate controls a budget of
approximately $139,000, and that such funds are generated from fees
charged to the students. The Student Senate allocates funds to the
various student organizations and is responsible for the general
management of the student government. The role and responsibilities
of the Student Senate are outlined in a Constitution and Bylaws.
The Act requires public officials and public bodies to comply with
certain disclosure and public access requirements. See
§2.1-340.1 et seq. For purposcs of the Act, a public body is
defined, among others, as any organization in the Commonwealth which
is "supported wholly or principally by public funds." See
§2.1-341(a), (e). On several prior occasions, this Office has
considered the applicability of this section to organizations which
are not State agencies in the strictest sense. For example, the
University of Virginia Honor Committee was held to be subject to the
Act. See 1977-1978
Report of the Attorney General at 482. Similarly, a hospital
association and volunteer fire department, supported principally by
public funds, were held to be subject to the Act. See 1982-1983
Report of the Attorney General at 719 and 726.
Conversely, a voluntary association of college presidents, receiving
no public funds, was held to be excluded from the Act. See 1974-1975
Report of the Attorney General at 584.
The Act does not provide a definition of "public funds." Applying
the common usage to the term, it would include any moneys owned by
government in the hands of government agencies or officials. Although
generated from student fees, I assume that, as collected, the fees
are paid into the State treasury as required by 2.1-180, and are
included in the budget of the VicePresident for Student Affairs. I am
of the opinion that when the money enters the system in this manner,
it becomes "public funds." See 2.1-180; Aivey v. Brigham, 286
Ky. 610, 150 S.W.2d 935 (1940).
Section 2.1-340.1 indicates the General Assembly's clear intent
that the Act be liberally construed in favor of public awareness and
access to the operations of government Exceptions are to be narrowly
construed in
[INCOMPLETE]
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