Private agency, public dollars-Tennessee
|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:||w|
|2.) Created by a public agency:||w|
|3.) Present themselves as a public entity:|
|4.) Perform a public function:||x|
|5.) Controlled or managed by a public entity:||w|
=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 Tennessee Open Records Act does not mention private corporations.
- Function is required but not always sufficient in and of itself. The court requires the test to check for the remaining non-required factors. See:Memphis Publishing Co. v. Cherokee Children & Family Services
State of Tennessee
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