M1C5

5. Nongovernmental groups whose members include governmental officials.

5. Nongovernmental groups whose members include governmental officials.

The question regarding the applicability of the Open Meetings Act to a nongovernmental group whose members include governmental officials is simply whether the inclusion of these governmental officials is sufficient to make the group an agency of government. The argument for coverage would be stronger if the governmental officials are acting within this nongovernmental group in their official, rather than private, capacities. Again, any conclusion regarding the coverage of the Open Meetings Act in this situation would have to be based upon the facts of the particular case.

5. Nongovernmental groups whose members include governmental officials. M1C5

Unlike the New Mexico Inspection of Public Records Act, whether a body is subject to the Open Meetings Law does not turn solely on whether the entity receives public funds or benefits but rather on whether the entity is a board, commission, administrative adjudicatory body or other policymaking board of a state agency, any agency or authority of any county, municipality, district or other political subdivision or has received any such powers by delegation and whether the body makes "public policy." §10-15-1(B); see also 1991 Op. Att'y Gen.

5. Nongovernmental groups whose members include governmental officials.

The mere fact that a governmental official is a member of a non-governmental group does not bring the group within the ambit of the Open Door Law. The group would have to exercise executive, administrative or legislative power of the state or its political subdivisions, be subject to audit by the State Board of Accounts or budget review by state or local governments, be a building corporation which issues bonds to construct public facilities, or be an advisory commission created to advise the governing body of a public agency in order to be covered by the Act. Ind.

5. Nongovernmental groups whose members include governmental officials.

The Times of Trenton Publishing Company v. Lafayette Yard Community Development Corporation, 183 N.J. 519 (2005). Lafayette Yards was a private, non-profit corporation established solely to assist the City of Trenton, the Trenton Parking Authority and the State of New Jersey to provide for the redevelopment of a 3.1 acre site in Trenton through the construction of a hotel, conference center and parking facility.

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.

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.