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Private agency, public dollars-Colorado

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Common Definition Themes
These 5 characteristics tend to recur in most state definitions for private agencies which are subject to FOIA laws.
1.) Receive or dispense public funds: And.pngx
2, 1[1]
2.) Created by a public agency: And.pngx

2, 4, 5[2];
2, 1[1]

3.) Present themselves as a public entity: No.pngf
4.) Perform a public function: And.pngx

2, 4, 5[2]

5.) Controlled or managed by a public entity: And.pngx
2, 4, 5[2]

=The legal history does not mention this characteristic or it has rejected this characteristic as a potential defining aspect.


=This characteristic alone is sufficient to bring an organization under the FOIA.


=This is a part of a compound definition requiring multiple characteristics. The numbers after the symbol indicate the additional requirements.


=This is a characteristic that has been mentioned within the legal history and may aid in deciding whether or not the FOIA law applies to an organization but is not a part of a specific definition.

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Deliberative Process Exemption


The Colorado legal history presents two clear instances where the Colorado Open Records Act applies to private corporations. If a corporation is publicly funded and was created by a public body, it is subject to the act. Also, if a corporation was created by a public body, serves a public function and is controlled by the public body, it is subject to the act.

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The Colorado Open Records Act does not specify whether or not non-profits fall within public bodies.


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