Question
I am a voting member of a nonprofit corporation, a preschool cooperative. If the corporation receives public money in the form of a grant is its board bound by any state open meeting laws?
Answer
The Brown Act, which provides that “[a]ll meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter,” defines “legislative body” to include:[a] board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that (A) is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity[; or] (B) receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
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