M1C5

5. Nongovernmental groups whose members include governmental officials.

5. Nongovernmental groups whose members include governmental officials.

The statute does not expressly address nongovernmental bodies whose members are government officials. Where a nongovernmental body acts pursuant to authority delegated by a governmental body and acts for a public purpose, the body may be subject to the sunshine statute, especially where its governing body is comprised of some government officials.

5. Nongovernmental groups whose members include governmental officials.

The OML may apply depending on a variety of factors such as (a) the group's function or (b’ who appointed the members and how they were appointed.

5. Nongovernmental groups whose members include governmental officials.

Such groups may be covered in certain instances. See Spain v. Louisiana High School Athletic Association, 398 So.2d 1386 (La.

5. Nongovernmental groups whose members include governmental officials.

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.

5. Nongovernmental groups whose members include governmental officials.

Shortly after the FOIA’s passage, the Attorney General suggested that the act applies to a private entity whose board of directors includes government officials. Ark. Op. Att’y Gen. (April 16, 1971). That position is no longer tenable in light of the Supreme Court’s holding that only the direct receipt of public funds by a private organization triggers the act. Sebastian County Chapter of American Red Cross v. Weatherford, 311 Ark. 656, 846 S.W.2d 641 (1993).

5. Nongovernmental groups whose members include governmental officials.

The Act does apply to groups whose members are local governments.

5. Nongovernmental groups whose members include governmental officials.

These groups are not subject to the law merely because they include governmental officials.

5. Nongovernmental groups whose members include governmental officials.

Any board, commission, committee or similar multimember body is subject to the Bagley-Keene Act if: (1) it receives funds provided by a state body, and (2) it includes a member of a state body serving in his or her official capacity. Cal. Gov't Code § 11121(d).

5. Nongovernmental groups whose members include governmental officials.

If the group is not a public body as defined by the Act, it is not subject to the Act. § 10-502(h). See also Compliance Board Opinion 00-9 27:22 Md. Reg. 2048 (Oct. 10, 2000) (ad hoc assemblage of state and local officials who discuss proposed development not subject to the Act absent legal enactment authorizing such a committee).

5. Nongovernmental groups whose members include governmental officials.

Probably not covered unless a library or authority as defined in R.I. Gen. Laws § 42-35-1(b), as these groups may fall outside of the definition of "public body" under R.I. Gen. Laws § 42-46-2(c). Any political party, organization, or unit thereof meeting or convening for any purpose is expressly not covered by the OML. Id.