Attorney General's Opinion 1970-71 #448

April 9, 1971

THE HONORABLE JOHN GALLEHER
Member, Senate of Virginia

70-71 448

This is in reply to your letter of March 25, 1971, which reads as follows:

"I should very much appreciate it if you would let me have your opinion on the following question:

"If a public body forms itself into a committee or a committee of the whole, is that committee or committee of the whole subject to the provisions of the Virginia Freedom of Information Act (§2.1-340-6)?"

I am of the opinion that a public body which forms itself into a committee of the whole, which is comprised of its constituent membership, is subject to the Virginia Freedom of Information Act.

I am also of the opinion that a committee comprised of less than the constituent membership of the public body is not subject to the Act if it is excepted therefrom by § 2.1-345, Code of Virginia (1950), as amended. It should be noted, however, that no committee appointed by the governing body of a county, city or town is excepted if the membership of such committee consists wholly of members of the governing body in question.