Private agency, public dollars-Colorado
|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:|| x
|2.) Created by a public agency:||x|
|3.) Present themselves as a public entity:|
|4.) Perform a public function:|| x
2, 4, 5
|5.) Controlled or managed by a public entity:|| x
2, 4, 5
=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.
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.
The Colorado Open Records Act does not specify whether or not non-profits fall within public bodies.
State of Colorado
|State executive officers||
Governor | Lieutenant Governor | Attorney General | Secretary of State | Treasurer | Commissioner of Education | Commissioner of Insurance | Commissioner of Agriculture | Executive Director of Natural Resources | Executive Director of Labor and Employment | Chair of Public Utilities |