4. Nongovernmental bodies.

The definition of "public body" includes "[a]ny other body which is created by state or local authority or which is primarily funded by or through state or local authority." Mich. Comp. Laws Ann. § 15.232(d)(iv); see Detroit News v. Policemen and Firemen Retirement System, 252 Mich. App. 59, 651 N.W.2d 127 (2002) (municipally chartered retirement system a public body subject to FOIA). One example of a body which has been held to be included in this definition is the President's Council of State Colleges and Universities, which is wholly funded by state universities and colleges. 1979-80 Op. Att'y Gen. 255, 262 (1979); but see Kubick v. Child and Family Services of Michigan Inc., 171 Mich. App. 304, 429 N.W. 2d 881 (1988) (government funding that amounts to less than half the total funding of a corporation does not amount to primary funding and such entity is not a public body for FOIA purposes). Also included is a state-funded university, such as the University of Michigan. Booth Newspapers Inc. v. University of Michigan Board of Regents, supra, 507 N.W.2d at 431. But see Mich. Comp. Laws Ann. § 15.243(x) (exemption for documents concerning certain universities' presidential searches).

A public body under the FOIA also includes any body that is "primarily funded" by or through state or local authority. Jackson v. Eastern Michigan University Foundation, 215 Mich. App. 240, 544 N.W. 2d 737 (1996). This is true regardless of whether the funding comes from one source or several. Scalfani v. Domestic Violence Escape, 255 Mich. App. 683, 660 N.W.2d 97 (2003) (legislative use of the word "authority" in the statute embraces the plural form as well). The term "funded" has been held not to include public monies paid in exchange for goods provided or services rendered. Breighner v. Michigan High School Athletic Ass'n, 471 Mich. 217, 683 N.W.2d 639 (2004) (private, nonprofit association of state high schools financed in part by public monies in exchange for scheduling and event hosting services not a public body subject to FOIA); see also State Defender Union Employees v. Legal Aid and Defender Ass'n of Detroit, 230 Mich. App. 426, 584 N.W. 2d 359 (1998) (private, nonprofit corporation established to provide legal services to indigent persons not a public body subject to FOIA); Howell Education Association v. Howell Board of Education, 287 Mich. App. 228, 789 N.W. 2d 495 (2010) (teachers’ emails regarding their union activities had nothing to do with their official governmental capacity and therefore were not covered by FOIA).