M1C9

Whether the members of a body are appointed or elected is irrelevant to coverage under the law.

Elected as well as appointed bodies are subject to the Act.

Idaho has myriad commissions and boards that are primarily composed of members appointed by the governor. See, e.g., Title 67, Idaho Code; Idaho Blue Book (published biennially by Idaho Secretary of State). These entities, which exist by statute, are subject to the Open Meeting Law.

The definition of public bodies which are covered by the Act makes no distinction between appointed and elected bodies, so both are covered by the Act. However, the Act defines public office as “a position created by or under the Constitution or laws of this State, the occupant of which is charged with the exercise of some portion of the sovereign power of this State.” 5 ILCS 120/2.

The Statute makes no distinction between elected and appointed bodies.

There is no distinction between an elected and an appointed body.

The law makes no distinction between appointed or elected bodies.

The requirements of the Sunshine Law apply to every public body, whether elected or appointed, which performs a public governmental function or spends public funds.

Whether an agency is appointed or elected makes no difference under the Open Meetings Act as long as it is a public agency.

Both appointed and elected bodies are covered if established by the General Assembly. 29 Del. C. § 10002(c).