M1C5

5. Nongovernmental groups whose members include governmental officials.

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.

5. Nongovernmental groups whose members include governmental officials.

Nongovernmental groups whose members include governmental officials are not covered unless the groups either expend or disburse or are supported in whole or in part by tax revenues.

5. Nongovernmental groups whose members include governmental officials.

"Public body" includes "any committee, subcommittee, or other entity however designated, of the public body created to perform delegated functions of the public body or to advise the public body. It shall not exclude any such committee, subcommittee or entity because it has private sector of citizen members.” Va. Code Ann. § 2.2-3701.

5. Nongovernmental groups whose members include governmental officials.

Depending on the function of the non-governmental group, membership of a government official in such a group could make it an "advisory" or "subsidiary" body subject to the provisions of the Act.

5. Nongovernmental groups whose members include governmental officials.

In Professional Firefighters (see above), the fact that HealthTrust’s board of directors included governmental officials was another factor considered by the Court in holding that HealthTrust was subject to the Statute.

5. Nongovernmental groups whose members include governmental officials.

Strictly speaking, the Act does not apply to nongovernmental groups except in specific instances, i.e., a policy group whose membership includes representatives of publicly owned utilities. RCW 42.30.020(1)(d). However, if a majority of the governing body of a particular agency meets with anyone else concerning agency business, then the meeting is considered a meeting of the governing body and is subject to the Act.

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.