4. Nongovernmental bodies.

In Bd. of Trustees v. FOIC, 181 Conn. 544, 436 A.2d 266 (1980), the Supreme Court established the following four-part functional equivalent test to determine whether hybrid public/private entities are subject to FOIA: (1) whether the entity performs a governmental function; (2) the level of governmental funding; (3) the extent of governmental involvement or regulation; and (4) whether the entity was created by the government. The Supreme Court held in Bd. of Trustees that the plaintiff was a public agency since it met each part of this test.

See also Conn. Humane Soc'y v. FOIC, 218 Conn. 757, 591 A.2d 395 (1991) (plaintiff is not a public agency; case also held all four factors need not be present to constitute entity a "public agency," contrary to theory of Hallas); Domestic Violence Servs. v. FOIC, 47 Conn. App. 466, 704 A.2d 827 (1998) (plaintiff is not a public agency); Hallas v. FOIC, 18 Conn. App. 291, 557 A.2d 568 (1989) (private law firm acting as town's bond counsel is not a public agency); Londregan v. FOIC, Nos. 526105, 529345, 1994 WL 385951 (Conn. Super. July 13, 1994) (distinguishing Hallas and holding that plaintiff, who maintained a private law practice but also served as city's Director of Law, a position created under the city charter and designated as a department head, was a "public agency" and therefore court required to maintain all city files at the town clerk's office or some other public place rather than in his law firm); Baron v. FOIC, No. CV 97-0342975S, 1999 WL 1001119 (Conn. Super. Oct. 26, 1999) (Superior Court reversed the FOIC, holding that Conn. Gen. Stat. §1-210(a) does not require the director of finance for the city of Bridgeport to keep and maintain records concerning law firm payments and payments for medical and legal services when these records are kept by a third-party private contractor); David v. FOIC, No. CV 97-0395384, 1998 WL 83685 (Conn. Super. Feb. 19, 1998) (New Haven Community Television Inc. is not a public agency); Marci v. New Haven Private Industry Council, Do. #FIC 84-183 (Mar. 13, 1985) (respondent is a public agency); Razzler v. Governor's Blue Ribbon Comm'n on Higher Educ., Do. #FIC 82-4 (July 7, 1983) (respondent is a public agency); Polman v. UConn School of Law, Do. #FIC 83-68 (Oct. 26, 1983) (respondent is a public agency); Yantic Volunteer Fire Dep't v. FOIC, 42 Conn. App. 519, 679 A.2d 989 (1996) (plaintiffs are the functional equivalent of a public agency); Meri Weather Inc. v. FOIC, No. CV 99-0494415S, 2000 WL 351351 (Conn. Super. Mar. 27, 2000) (plaintiff organization was virtually an alter ego of the Meriden community action agency, a public agency, and therefore was itself a public agency; key is "whether the government is really involved in the core of the program"); Fromer v. FOIC, 90 Conn. App. 101, 875 A.2d 590 (2005) (instructors at a public university are not public agencies because they have no power to govern, regulate, or make decisions affecting government; rather, they provide instruction per their contractual obligations).