M1C5

5. Nongovernmental groups whose members include governmental officials.

5. Nongovernmental groups whose members include governmental officials.

Non-governmental groups are not covered per se.

Non-governmental bodies may be subjected to the requirements of the open meetings law by contract. State ex rel. Journal/Sentinel Inc. v. Pleva, 155 Wis. 2d 704, 456 N.W.2d 359 (1990).

5. Nongovernmental groups whose members include governmental officials. M1C5

No cases under the Act, although the definition of “agency” is arguably broad enough to cover such an organization if it performs “an essential governmental function.”

5. Nongovernmental groups whose members include governmental officials.

The statute has no application to non-governmental bodies or groups.

5. Nongovernmental groups whose members include governmental officials.

Although not directly addressed by the OML, nongovernmental groups performing a governmental function may be deemed to fall within the statute's definition of "public body" and thus subject to the law. See, e.g., Syracuse United Neighbors v. City of Syracuse, 80 A.D.2d 984, 437 N.Y.S.2d 466 (4th Dep't 1981), appeal dismissed, 55 N.Y.2d 995, 434 N.E.2d 270, 449 N.Y.S.2d 201 (1982) (mayor's task force on abandoned housing and homestead committee).

5. Nongovernmental groups whose members include governmental officials.

The Alabama Open Meetings Act does not, on its face, apply to nongovernmental groups whose members include governmental officials, and we know of no authority for the Act to apply to such groups, unless the groups are deemed alter egos of governmental groups or delegatees of governmental functions. See, e.g., Stone v. Consolidated Publishing Co., 404 So. 2d 678 (Ala. 1981) (public records case; personal relations corporation that included officers of state university deemed alter ego of state university).

5. Nongovernmental groups whose members include governmental officials.

Those receiving or expending public funds and supported in whole or in part by public funds are subject to KOMA, K.S.A. 75-4318(a); (Garden City/Finney County Alcohol Fund Advisory Committee is subject to KOMA. Op. Atty. Gen. 80-201 (1980)). Op. Atty. Gen. 91-150. A political party precinct committee is not an administrative or legislative agency of state or local government and is not subordinate to such a body. Such a committee is not subject to KOMA. Op. Atty. Gen. 94-157 (1994).

5. Nongovernmental groups whose members include governmental officials.

Nongovernmental bodies are not covered, although the records of an official serving on a nongovernmental group by virtue of his or her governmental position might be subject to the Public Records Law.

5. Nongovernmental groups whose members include governmental officials.

If a body is not a public or governmental body, but its members include governmental officials, the open meetings law applies only if the body is supported in whole or in part by public funds or if the body expends public funds.

5. Nongovernmental groups whose members include governmental officials.

The OMA does not expressly address the question of non-governmental groups that include public officials, and there is no Alaska case law on the subject. The mere fact that a non-governmental group includes members or participants who are government officials cannot be enough to transform that group into a body covered by the OMA. This is obvious when you consider such groups as Kiwanis, League of Women Voters, athletic booster organizations, and so forth.