From: agernhardt@dls.virginia.gov on behalf of FOIA Council [foiacouncil@dls.virginia.gov]
Sent: Tuesday, February 15, 2011 11:03 AM

Subject: Re: opinion

Whether a nonprofit corporation is subject to the Virginia Freedom of Information Act (FOIA) usually depends on how it is funded.  If it is privately funded, it generally is not subject to FOIA.  However, the definition of "public body" in FOIA includes, among other things, "other organizations, corporations or agencies in the Commonwealth supported wholly or principally by public funds."  As a general rule of thumb, this office has opined that if two-thirds or more of an organization's total budget comes from public funds, it would be considered "principally" supported, but the exact amount may vary depending on the facts of each situation.