M1C5

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.

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).

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.

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.").

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).

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.

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.

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

These groups are probably not covered.

Not specifically addressed.