M1C5

5. Nongovernmental groups whose members include governmental officials.

5. Nongovernmental groups whose members include governmental officials.

These do not appear to fit the definition of a "public body." Even if they did, they presumably would be covered by the OMA only to the extent that their decisions "effectuate and formulate public policy." Mich. Comp. Laws Ann. § 15.262(d).

5. Nongovernmental groups whose members include governmental officials.

If the nongovernmental group received support from public funds or expended public funds, the entity would be subject to the act. Membership by a governmental official in a group would not make the group subject to the act unless the group met the other qualifications. S.C. Code Ann. § 30-4-20(a). The receipt of public funds by a nongovernmental entity in exchange for goods and services will not make the nongovernmental entity a public body under the act. Weston v. Carolina Research and Development Found., 401 S.E.2d 161 (S.C. 1991); Sutler v. Palmetto Elec. Coop.

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.").

5. Nongovernmental groups whose members include governmental officials.

See Itaska County Board, supra. Generally, such groups would not be governed by the Open Meeting Law.

5. Nongovernmental groups whose members include governmental officials.

Nongovernmental groups whose members include government officials are not covered by the Act simply because governmental officials are members. Nongovernmental groups may qualify if they meet the conditions set forth above. See Del. Op. Att'y Gen., No.

5. Nongovernmental groups whose members include governmental officials.

These are not covered unless they meet the test set forth in § 25-41-3(a). and are both "created by statute or executive order" and are "supported wholly or in part by public funds." A county-wide volunteer governmental council is not covered by the Open Meetings Act but attendance at the meeting by members of locally elected boards may be covered. See Op. Att'y Gen. Feb. 24, 1994 to Ronald S. Cochran, City of Biloxi.

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.