Private agency, public dollars-Minnesota
|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:|
|2.) Created by a public agency:|
|3.) Present themselves as a public entity:|
|4.) Perform a public function:|
|5.) Controlled or managed by a public entity:|
=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.
StatutesThe Minnesota Data Practices Act includes in its definition of public body:
"It includes any nonprofit corporation which is a community action agency organized pursuant to the Economic Opportunity Act of 1964 (Public Law 88-452) as amended, to qualify for public funds, or any nonprofit social service agency which performs services under contract to a government entity, to the extent that the nonprofit social service agency or nonprofit corporation collects, stores, disseminates, and uses data on individuals because of a contractual relationship with a government entity."
- Only applies to community action groups under the Economic Opportunity Act of 1964.
- Minnesota statute 13.2
- Only applies to agencies who contract with the government for social services.
State of Minnesota
St. Paul (capital)
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