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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6386 September 16, 1986 OPEN MEETINGS ACT: Meetings of private senior citizen organizations A private, nonprofit corporation providing programs for senior citizens is not subject to the provisions of the Open Meetings Act. Honorable Lynn F. Owen State Representative The Capitol Lansing, Michigan You have requested my opinion on the following question: Is a private, nonprofit corporation organized to provide programs for senior citizens subject to the Open Meetings Act? The Open Meetings Act, MCL 15.261, et seq; MSA 4.1800(11) et seq applies only to "public bodies." MCL 15.262(a); MSA 4.1800(12)(a), defines a "public body" as: "any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, which is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function, or a lessee thereof performing an essential public purpose and function pursuant to the lease agreement." OAG 1977-1978, No 5207, p 157 (June 24, 1977), concluded, however, that the Open Meetings Act provision defining a public body so as to include a lessee performing an essential public purpose is unconstitutional because the title of the Act does not refer to organizations other than "public bodies." The Open Meetings Act does not extend to private, nonprofit, corporations. Perlongo v Iron River Cooperative TV Antenna Corp, 122 Mich App 433, 435-436; 332 NW2d 502 (1983); letter opinion to State Representative Raymond C. Kehres, dated November 1 1978; letter opinion to Calhoun County Prosecutor James D. Norlander, dated July 7, 1977. The senior citizen organization in question is a private, nonprofit corporation, and not a state or local legislative or governing body empowered by state or local law to exercise governmental or proprietary authority or to perform a governmental or proprietary function. The fact that the senior citizen organization receives a small part of its total funding from state and federal sources does not alter the organization's basic character. It is not a "public body' under the Open Meetings Act. It is my opinion, therefore, that the Open Meetings Act does not apply to a private, nonprofit corporation providing programs for senior citizens. Frank J. Kelley Attorney General
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