M1C5

5. Nongovernmental groups whose members include governmental officials.

5. Nongovernmental groups whose members include governmental officials.

Meetings of non-governmental groups whose members include public officials generally may not be subject to the requirements of the Sunshine Act. Op. Att’y Gen. Fla.

5. Nongovernmental groups whose members include governmental officials.

As noted above, the Sunshine Law by its terms includes only "public governmental bodies" and "quasi-public governmental bodies." Mo.Rev.Stat §  610.010(4). Entities that fall outside these definitions are not covered by the Sunshine Law.

5. Nongovernmental groups whose members include governmental officials.

In Commissioners' Court of Hayes County v. District Judge, 506 S.W.2d 630, 636 (Tex. Civ. App.-San Antonio 1974, writ ref'd n.r.e.), conferences and discussion took place between a district judge, who does not come within the provisions of the Act, and the Commissioners' Court, which does. The Commissioners' Court and judge advised one another with regard to the probation budget for the judicial district, but the Commissioners' Court did not take any conclusive action. The appellate court found that such conferences were not within the mandatory requirements of the Act.

5. Nongovernmental groups whose members include governmental officials.

Meetings of groups serving a governmental purpose are subject to the Act's requirements. See, e.g., Jersawitz v. Fortson, 213 Ga. App. 796, 446 S.E.2d 206 (1994) (noting the presence of governmental decision-makers in applying the Act to Olympic Task Force Selection Committee).

5. Nongovernmental groups whose members include governmental officials.

The operative language of Montana's "sunshine" statute turns upon "funding." Nongovernmental groups whose members include governmental officials are included under Mont. Code Ann. § 2-3-203(1), if any public funds support the entity. Thus, payment of salary or per diem expenses for the governmental officials renders the body liable to follow the open meetings law. (See ¶¶ 7-9.)

5. Nongovernmental groups whose members include governmental officials.

Nongovernment groups whose members include government officials are not subject to the Open Meetings Act, unless such groups are advisory bodies for the government. See Utah Code Ann. § 52-4-103(7).

5. Nongovernmental groups whose members include governmental officials.

Probably not. The Sunshine Law's definition of a "board," Haw. Rev. Stat. § 92-2, probably does not encompass such non-governmental groups unless by borrowing the totality of circumstances test from the UIPA one can show that they have been set up to supervise, control, exercise jurisdiction, or advise government.

5. Nongovernmental groups whose members include governmental officials.

Although it receives less than 25 percent of its total budget from the State, the University of Vermont is still a public body because, inter alia, it is chartered by the State, the Governor is an ex officio trustee, and the legislature appoints additional trustees. See Sprague v. University of Vermont, 661 F. Supp. 1132 (D. Vt. 1987); Animal Legal Defense Fund Inc. v University of Vermont, 159 Vt. 133, 616 A.2d 224 (1992).

5. Nongovernmental groups whose members include governmental officials.

The question of whether nongovernmental bodies whose members include governmental officials are subject to the provisions of the Idaho Open Meeting Law has not been addressed by any appellate court in Idaho.