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Non-Profits Corps Carrying Out Gov.-Like Functions and Complying with Gov. Formalities

Non-Profits Corps Carrying Out Gov.-Like Functions and Complying with Gov. Formalities. Characteristics:

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Non-Profits Corps Carrying Out Gov.-Like Functions and Complying with Gov. Formalities

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  1. Non-Profits Corps Carrying Out Gov.-Like Functions and Complying with Gov. Formalities • Characteristics: • Created by governmental entity to support efforts of that governmental entity OR privately created and partner with a governmental entity (See Epstein v. Hollywood Entertainment District II Business Improvement District (2000) 85 Cal.App.4th; 85 Ops.Cal.Atty.Gen. 55 (2002).) • Receipt of government funds (See Gov. Code § 54952(c)(2).) • Delegated authority by a governmental entity (See 81 Ops.Cal.Atty.Gen. 281, 290 (1998).) • Governmental entity appoints one or more of its members as a member of the nonprofit’s board (See Gov. Code § 54952(c)(2).) • State-Wide Examples: • Hollywood Entertainment District Property Owners Association (Nonprofit corporation that administered funds raised through city's assessments within business improvement district (BID) and was created by city.) • Fresno Cultural Arts Properties Corporation (Nonprofit Public Benefit Corporation, benefitting the City of Fresno and the Redevelopment Agency of Fresno, directors appointed and approved by City of Fresno, QLICB with title to Fresno Bee Bldg.) • Ventura County Cablevision’s nonprofit benefit corporation (Authority designated by public entity, receiving public funds, directors appointed by public entity.) • L.A. Impact (Interagency metropolitan police apprehension crime task force, created by public entities with authority to employ municipalities' police powers, using public funds, and thus its board of directors and executive council are legislative bodies of a local agency.)

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