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5. Nongovernmental groups whose members include governmental officials.

5. Nongovernmental groups whose members include governmental officials.

Shortly after the FOIA’s passage, the Attorney General suggested that the act applies to a private entity whose board of directors includes government officials. Ark. Op. Att’y Gen. (April 16, 1971). That position is no longer tenable in light of the Supreme Court’s holding that only the direct receipt of public funds by a private organization triggers the act. Sebastian County Chapter of American Red Cross v. Weatherford, 311 Ark. 656, 846 S.W.2d 641 (1993).

5. Nongovernmental groups whose members include governmental officials.

The Act does apply to groups whose members are local governments.

5. Nongovernmental groups whose members include governmental officials.

If the body is supported in whole or in part by public funds or entrusted with the expending of public funds, or administering public property, then it is covered under the act. 25 O.S. § 304.1. If a majority of the public body sits as members of the non-governmental group, and the non-governmental body makes recommendations to the public body, then the non-governmental group would also be covered under the act. 25 O.S. § 306; see also 1982 OK AG 212.

5. Nongovernmental groups whose members include governmental officials.

Any board, commission, committee or similar multimember body is subject to the Bagley-Keene Act if: (1) it receives funds provided by a state body, and (2) it includes a member of a state body serving in his or her official capacity. Cal. Gov't Code § 11121(d).

5. Nongovernmental groups whose members include governmental officials.

If the group is not a public body as defined by the Act, it is not subject to the Act. § 10-502(h). See also Compliance Board Opinion 00-9 27:22 Md. Reg. 2048 (Oct. 10, 2000) (ad hoc assemblage of state and local officials who discuss proposed development not subject to the Act absent legal enactment authorizing such a committee).

5. Nongovernmental groups whose members include governmental officials.

These groups are not subject to the law merely because they include governmental officials.

5. Nongovernmental groups whose members include governmental officials.

Under the 1991 amendments, any public or private entity to which the state or a political subdivision of the state, or an official thereof, has delegated a governmental decision-making function is subject to the Sunshine Law. Colo. Rev. Stat. §§ 24-6-402(1)(a) and 24-6-402(1)(d). Persons on the administrative staff of the state or local public body, however, are exempted.

If a board or body does not meet the above definition, its meetings are not open to the general public in Colorado.

5. Nongovernmental groups whose members include governmental officials.

These are probably not covered, although issue may turn on membership and powers of particular body. See District Attorney for Northern Dist. v. Board of Trustees of Leonard Morse Hospital, 389 Mass. 729, 452 N.E.2d 208 (1983).

5. Nongovernmental groups whose members include governmental officials.

Probably not covered unless a library or authority as defined in R.I. Gen. Laws § 42-35-1(b), as these groups may fall outside of the definition of "public body" under R.I. Gen. Laws § 42-46-2(c). Any political party, organization, or unit thereof meeting or convening for any purpose is expressly not covered by the OML. Id.

5. Nongovernmental groups whose members include governmental officials.

There are no reported court decisions addressing whether a nongovernmental body with members including governmental officials would be subject to FOIA. But see Conn. Gen. Stat. §1-202 ("The FOIC, on petition by a public agency contemplating creation of a committee composed entirely of individuals who are not members of the agency, may exempt the committee from compliance with FOIA.").