M1C9

9. Appointed as well as elected bodies.

9. Appointed as well as elected bodies.

As long as they fall within the definition of a public body, both appointed and elected bodies must comply with the OML.  For example, the OML applies to the Finance Committee of the Board of Regents, Ariz. Att’y Gen. Op. No. I78-285, as well as the board of trustees of an employees’ benefit-trust created by a school district board, Ariz. Att’y Gen. Op. No. I83-18.

9. Appointed as well as elected bodies.

The Act applies to appointed as well as elected bodies.

9. Appointed as well as elected bodies.

If the body is supported in whole or in part by public funds or entrusted with the expending of public funds, or administering public property, then it is covered under the act. 25 O.S. § 304.1. If a majority of the public body sits as members of the non-governmental group, and the non-governmental body makes recommendations to the public body, then the non-governmental group would also be covered under the act. 25 O.S. § 306; see also 1982 OK AG 212.

9. Appointed as well as elected bodies.

The fact that a body is appointed rather than elected is immaterial for FOIA purposes; rather, the question is whether it is a “governing body.” See Arkansas Gazette Co. v. Pickens, 258 Ark. 69, 522 S.W.2d 350 (1975) (board of trustees at state university; members appointed by the governor); Ark. Op. Att’y Gen. Nos. 96-016 (municipal water and sewer commission, library board; members appointed by the city council), 95-377 (municipal planning commission; members appointed by the city council), 94-339 (committee appointed by school board).

9. Appointed as well as elected bodies.

As long as the appointed or elected body comes within the definition of public body, it is subject to the Act. Although the entity may have a public purpose (i.e., carrying out an advisory or quasi-legislative function) it is not subject to the Act unless it is a public body as defined by the state. § 10-502(h). Thus, for example, a University of Maryland task force that was not created by a rule, resolution, or bylaw of the Board of Regents of the University but created as an investigatory body wholly under the province of the Chancellor was not a public body subject to the Act.

9. Appointed as well as elected bodies.

These bodies are covered by the Public Meetings Law if they meet the Marks test, supra.

9. Appointed as well as elected bodies.

Neither the Bagley-Keene Act nor the Brown Act distinguishes between appointed and elected bodies. As long as the body falls within the definition of "state body" under the Bagley-Keene Act and "legislative body" of a "local agency" under the Brown Act, it will be subject to the open meeting laws.

9. Appointed as well as elected bodies.

The statute applies to multi-member bodies regardless of whether their members are appointed or elected, and regardless of how the body was created. G.L. c. 30A, § 18 (definition of "public body").

9. Appointed as well as elected bodies.

Substantially covered.

The Attorney General has interpreted the OML to apply to members-elect of a city-council. See Opinion of the Attorney General No. 95-12, (December 19, 1995), 1995 WL 783630. Members-elect become subject to the OML as soon as the election results are not, even if the elections results have not yet been certified. See Opinion of the Attorney General No. OM 07-03 (Mar. 8, 2007), 2007 WL 1696978.

9. Appointed as well as elected bodies.

Yes. Colo. Rev. Stat. § 24-6-402(1)(a) and (d).