M1C5

5. Nongovernmental groups whose members include governmental officials.

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.

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.

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.

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.

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.

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.