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Is a neighborhood association a quasi-governmental agency subject to the Public Records Act?

Is a neighborhood association a quasi-governmental agency subject to the Public Records Act?

(Public Records Act) Permanent link

It is unlikely the courts would consider a neighborhood association a “quasi-governmental agency.”  The test for determining whether an entity is subject to the Public Records Act was set forth in the court case of Telford v. Thurston County Board of Commissioners, 95 Wn. App. 149 (1999).  The court applied a four-part test to determine if two entities (a state association of counties and county officials) were the "functional equivalent" of public agencies.  The four parts to the test are:

  1. Whether the entity performs a governmental function;
  2. The level of government funding;
  3. The extent of government involvement or regulation; and
  4. Whether the entity was created by the government.

Each of these criteria need not be equally satisfied, but on balance the facts should suggest that the entity is the "functional equivalent" of a public agency.  A court's conclusion will always be determined on a case-by-case basis after reviewing the facts.

Posted by Open Government Ombudsman at 07/23/2009 11:13:59 AM 


DISCLAIMER: The "Unredacted" webpage and its content is not intended or offered to provide legal advice or legal representation by the Office of the Attorney General. The attorney general's office provides information, technical assistance, and training on the provisions of the Open Public Meetings Act pursuant to RCW 42.30.210 and provides information to records requestors and state and local agencies about "best practices" for complying with the Public Records Act consistent with the adoption of model rules pursuant to RCW 42.56.570. Send Feedback
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