I want to run this across you just to make sure I am not missing something. Our local Humane Soceity is incorporated as a 501c3 but is under contract by pretty much every local governmental entity to provide animal control and animal sheltering services which have been mandated to those entities by the Arizona Revised Statutes (Yuma County, cities of Yuma, San Luis, Somerton, etc.).
It is a long story so I won't get into specifics but there are a LOT of problems with the funding, mismanagement, etc. and I could talk forever about them but to get on to my question.
Because the Humane Society of Yuma is a non-profit tax exempt corporation that provides MANDATED public services to the community, am I right to assume that it fits the definition of "public body" as defined by the Arizona Revised Statutes and thereby obligated to adhere to the statutes of the Open Meeting Law?
Article 3.1 Public meetings and proceedings
38-431. Definitions
"Public body" means the legislature, all boards and commissions of this state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, such public body.
Not only that, here's what our city code says about it:
§ 130-110 Appointment.
A city enforcement agent shall be appointed by motion or resolution of the City Council, with the understanding that said position, along with all rights, duties, responsibilities and authorities, can be delegated by said Council by way of contract to a county enforcement agent or a local nonprofit humane society, incorporated for that specific purpose. In any event, however, the city enforcement agent, whether individual, corporation or agency, shall receive their compensation for the enforcement of this chapter through contract with the city.
So here it says point blank that the city government has appointed our humane society to be an agent of the city "with all rights, duties, responsibilities and authorities"
So why does the Humane Soceity's Board of Directors not comply to the Open Meeting Law? Their meetings are held without public notice at widely varying times from month to month at non public places (the lobby of a dentist's office after hours). No agenda is printed and made available to the public 24 hours before the meeting as mandated by law. My wife has tried to attend the last couple of times and they kept postponing one meeting, many of the board members didn't know when the meeting was going to be, and I thought at the time that it must have been just a real bad, unorganized month for them, I gave them the benefit of the doubt, etc. But when my wife called up one board member last friday and asked her when this month's board meeting was, the board member was like "I think it is Monday night" At this point I, when my wife told me this I started getting very curious thinking that they should be under the Open Meeting Law but then my wife shows up at for the "meeting" last night and it was not there. My wife said they are not set up for public attendance, there is no announcement of their meetings! am i wrong in thinking this in breech of the Open Meetings Law, they are, by contract, an agency fulfilling a public service as mandated by the state. Am i missing something?
Thanks in advance
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