Attorney General's Opinion 1978-79 #316A


April 3, 1979

The Honorable Frederick H. Creekmore
Member, House of Delegates

78-79 316A

This is in reply to your recent letter wherein you ask if the Chesapeake Citizens Advisory Committee ("Committee") is a public body subject to the requirements of the Virginia Freedom of Information Act. You advise that the Committee is composed of citizens appointed by the mayor to review city charter provisions and recommend possible changes to the mayor. It is also my understanding that the Committee reports only to the mayor, not the city council, and that no public funds are used to support the activities of the Committee.

Section 2.1-341 (a) of the Code of Virginia (1950), as amended, sets forth the kinds of public bodies subject to the requirements of the Virginia Freedom of Information Act and includes therein:

"[A]ny legislative body, authority, board, bureau, commission, district or agency of the State or of any political subdivision of the State, including cities, towns and counties; municipal councils, governing bodies of counties, school boards and planning commissions; and other organizations, corporations, or agencies in the State, supported wholly or principally by public funds."

The Committee you describe is not created by a public body, does not perform delegated functions of a public body, does not advise a public body, and does not receive public funding. I, therefore, conclude that the Committee in question would not be a public body within the ambit of the Virginia Freedom of Information Act.