QUESTION: Are meetings of the Council of Representatives of the Big Park Regional Coordinating council, Inc. (“BPRCC”) and its committees and Executive Board subject to the provisions of the Arizona Open Meeting Law (“OML”)?
DISCUSSION: The BPRCC does not appear to satisfy the description of any of the entity definitions that it needs to fall under if it is to be subject to the OML. The main requirement that the BPRCC fails under the definition of “Public Body” is that its board of directors (the BPRCC Bylaws calls it the Council Of Representatives) are not appointed or elected by the State of AZ or Yavapai County. For that same reason, the BPRCC fails under the definition of a “Quasi-Judicial Body”. Finally, the BPRCC fails to qualify as an “Advisory Committee” or “Subcommittee” due to the fact that it was not established on motion & order of a public body or by the presiding officer of a public body. In addition to the foregoing, the BPRCC was advised in writing by Yavapai County in 2002 that it was not an Advisory Committee.
CONCLUSION: If the BPRCC is an entity that does not fit the definition of the entities that are subject to the OML, it is not governed by the OML. Based on the discussion above, the BPRCC fails the definitional test and, therefore, is not governed by the OML.