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About Harvey Mechanic
Expertise
US Federal tax issues of nonprofit 501(c)(3) public charities only. Establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. To search my previous answers you can do a Google search:
site:allexperts.com/q/nonprofit
[with your other search terms appended].

Experience
I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar.

Education/Credentials
B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude

You are here: Experts > Real Estate > Tax Planning: U.S. > Nonprofit Law > non profits & open meetings

Nonprofit Law - non profits & open meetings

Expert: Harvey Mechanic - 11/4/2009

Question
The board of our local Red Cross chapter does not hold open board meetings. I live in California. What is the law regarding public access to board meetings of non profits in CA??
Thanks, Lorraine

Answer
As for your state law on Open Records and Open Meetings
See www.rcfp.org/ogg/index.php?op=browse&state=ca

specifically at "Open Meetings" about 1/2 the way down the left
column at I.C.4 "Nongovernmental bodies receiving public funds or
benefits" if that applies or any of the other sections nearby
apply to your situation. That organization may not even be under
that classification (if it does not receive government funds and does not have a state officer on its board)
---Start of Excerpt--
Any board, commission, committee or similar multimember body, whether the multimember body is organized and operated by the state body or by a private corporation, is subject to the Bagley-Keene Act if: (1) it receives funds provided by a state body, and (2) it includes a member of a state body serving in his or her official capacity of that state body. Cal. Gov't Code § 11121(d).

A body that governs a private corporation or entity is subject to the Brown Act if: (1) it is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the body, or (2) it receives funds from the local agency and it includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency. Cal. Gov't Code § 54952(c). See, e.g., Epstein v. Hollywood Entertainment Dist. II Bus. Improvement Dist., 87 Cal. App. 4th 862, 869-73, 104 Cal. Rptr. 2d 857 (2001); 85 Ops. Cal. Att'y. Gen. 55 (2002)(private, nonprofit corporation that received funds from school district and had on its corporate board one of district's trustees with full voting rights, and was created by the City, which lawfully delegated authority to it to operate an educational access channel, was subject to CPRA and opening meetings laws).
---End of Excerpt--

Harvey Mechanic, Attorney at Law -
Harvey108@hotmail.com

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