Key court cases (U.S.)
Friends of Piedmont Park v. The Piedmont Park Conservancy
The Piedmont Park Conservancy is a private non-profit that oversees and manages Piedmont Park. In 2007, when the organization moved forward with a plan to install a controversial parking structure, a group opposed to the plan—Friends of Piedmont Park—filed an open record request under Georgia Georgia's open records legislation [1] for records of the Conservancy. The request was declined, and the Friends group sued. On September 12, 2007, a Georgia judge ruled that the records must be made public. [2]
In this case, the New Jersey Supreme Court unanimously ruled in 2005 that Lafayette Yard CDC, a private non-profit, was subject to the provisions of New+Jersey New Jersey's open records (OPRA) legislation [3] because it issued city-backed bonds and the majority of its board was appointed by the city council of Trenton. The litigation arose because the board of Lafayette Yard CDC kicked a reporter for the Trenton newspaper out of a meeting on the grounds that, as a private non-profit, they were not subject to open records or open meetings laws. [4]
Gannon and Nichols v. the Board of Regents of the State of Iowa
In this 2005 case, the Iowa Supreme Court overturned a lower court and ruled that outsourcing a public function to a private board does not privatize the records of the private board. The court wrote, "In this appeal, we are asked to decide whether a government body may outsource one of its core functions to a private corporation, making that part of its operation nongovernmental and not subject to public scrutiny. We hold the Iowa State University Foundation, a recipient of such outsourcing, is performing a government function, and therefore its records are subject to disclosure." [5]
Kimberly Kay Allen v. John Day
Fourteen cheerleaders sued Powers Management, a private company that ran a public stadium in Nashville, Tennessee, on the grounds that their privacy had been violated by two employees of Powers Management. Powers Management reached an out-of-court settlement with the cheerleaders. The Tennessean asked for a copy of the settlement from Powers, on the grounds that Powers was functionally a government agency. In 2006, a Tennessee appeals court agreed with The Tennessean, ordering Powers to turn over a copy of the settlement to the newspaper. [6]
A nonprofit organization (NPO), also known as a nonbusiness entity or nonprofit institution, and casually referred to simply as a nonprofit, is a legal entity organized and operated for a collective, public or social benefit, as opposed to an entity that operates as a business aiming to generate a profit for its owners. A nonprofit is subject to the non-distribution constraint: any revenues that exceed expenses must be committed to the organization's purpose, not taken by private parties. A host of organisations are nonprofit, including some political organisations, schools, business associations, churches, social clubs, and consumer cooperatives. Nonprofit entities may seek approval from governments to be tax-exempt, and some may also qualify to receive tax-deductible contributions, but an entity may incorporate as a nonprofit entity without having tax-exempt status.
Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.
The Institute for Justice (IJ) is a libertarian non-profit public interest law firm in the United States. It has litigated ten cases before the United States Supreme Court dealing with eminent domain, interstate commerce, public financing for elections, school vouchers, tax credits for private school tuition, civil asset forfeiture, and residency requirements for liquor license. The organization was founded on September 3, 1991. As of 2023, it employed a staff of 157 full-time staff members in Arlington, Virginia and seven offices across the United States.
Fundraising or fund-raising is the process of seeking and gathering voluntary financial contributions by engaging individuals, businesses, charitable foundations, or governmental agencies. Although fundraising typically refers to efforts to gather money for non-profit organizations, it is sometimes used to refer to the identification and solicitation of investors or other sources of capital for for-profit enterprises.
United States non-profit laws relate to taxation, the special problems of an organization which does not have profit as its primary motivation, and prevention of charitable fraud. Some non-profit organizations can broadly be described as "charities" — like the American Red Cross. Some are strictly for the private benefit of the members — like country clubs, or condominium associations. Others fall somewhere in between — like labor unions, chambers of commerce, or cooperative electric companies. Each presents unique legal issues.
The Comptroller and Auditor General of India is the supreme audit institution of India, established under Article 148 of the Constitution of India. They are empowered to audit all receipts and expenditure of the Government of India and the State Governments, including those of autonomous bodies and corporations substantially financed by the government. The CAG is also the statutory auditor of Government-owned corporations and conducts supplementary audit of government companies in which the government has an equity share of at least 51 percent or subsidiary companies of existing government companies. The CAG is also the statutory auditor of the Lokpal.
A 501(c)(3) organization is a United States corporation, trust, unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States Code. It is one of the 29 types of 501(c) nonprofit organizations in the US.
Amendment 41 is a citizen initiative adopted by Colorado voters in the 2006 general election. Amendment 41 has three main sections.
Form 990 is a United States Internal Revenue Service (IRS) form that provides the public with information about a nonprofit organization. It is also used by government agencies to prevent organizations from abusing their tax-exempt status. Some nonprofits, such as hospitals and other healthcare organizations, have more comprehensive reporting requirements.
Public.Resource.Org (PRO) is a 501(c)(3) non-profit corporation dedicated to publishing and sharing public domain materials in the United States and internationally. It was founded by Carl Malamud and is based in Sebastopol, California.
In the United States, the state police is a police body unique to each U.S. state, having statewide authority to conduct law enforcement activities and criminal investigations. In general, state police officers or highway patrol officers, known as state troopers, perform functions that do not fall within the jurisdiction of a county’s sheriff, such as enforcing traffic laws on state highways and interstates, overseeing security of state capitol complexes, protecting governors, training new officers for local police forces too small to operate an academy and providing technological and scientific services. They also support local police and help to coordinate multi-jurisdictional task force activity in serious or complicated cases in states that grant full police powers statewide.
Privatization is the process of transferring ownership of a business, enterprise, agency, charity or public service from the public sector or common use to the private sector or to private non-profit organizations. In a broader sense, privatization refers to transfer of any government function to the private sector - including governmental functions like revenue collection and law enforcement.
The General Comptroller of the Republic of Chile is a constitutionally autonomous body of the Government of Chile based on chapter 10 of the Constitution of Chile and it is in charge of the control of the legal aspects, management, preaudit and postaudit functions of all the activities of the centralized and decentralized civil service, whatever its forms of organization may be, as well as of other powers granted by law.
Veeck v. Southern Bldg. Code Congress Int'l, Inc., 293 F.3d 791, was a 2002 en banc 9-6 decision of the United States Court of Appeals for the Fifth Circuit, about the scope of copyright protection for building codes and by implication other privately drafted laws adopted by states and municipal governments. A three-fifths majority of the court's fifteen judges held that copyright protection no longer applied to model codes once they were enacted into law.
In the United States, there is no consistent use of the office of constable throughout the states; use may vary within a state. A constable may be an official responsible for service of process: such as summonses and subpoenas for people to appear in court in criminal and/or civil matters. They can also be fully empowered law enforcement officers. Constables may have additional specialized duties unique to the office. In some states the constable is an elected or appointed position at the state or local level of local government. Their jurisdiction can vary from statewide to county/parish and local township boundaries based on the state's laws.
Reclaim The Records is a non-profit organization and activist group that advocates for greater transparency and accessibility for genealogical, archival, and vital records in the United States. They use state Freedom of Information requests and lawsuits to force government agencies, archives, and libraries to provide copies of previously inaccessible records to the public. Reclaim The Records then digitizes and publishes the records online for free public use, without any copyrights or usage restrictions.
Charities Directorate of Canada is part of the Federal Ministry of National Revenue, and is responsible for reviewing the applications for charity registration, as well as auditing and maintaining accountability through education and responsible enforcement. They work to count and monitor the registered charities operating in Canada in the fairest way possible. As of December 2014, there were 86,193 charities registered in the directorate. The Directorate is located in Ottawa, in the Canadian Revenue Agency offices.
The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., is an Illinois statute that grants to all persons the right to copy and inspect public records in the state. The law applies to executive and legislative bodies of state government, units of local government, and other entities defined as "public bodies". All records related to governmental business are presumed to be open for inspection by the public, except for information specifically exempted from disclosure by law. The statute is modeled after the federal Freedom of Information Act and serves a similar purpose as freedom of information legislation in the other U.S. states.
The Illinois Public Access Counselor (PAC) is an attorney in the office of the Illinois Attorney General who is responsible for enforcing the state's Freedom of Information Act (FOIA) and Open Meetings Act (OMA). The PAC is the head of the Public Access Bureau, a group of more than one dozen attorneys who process complaints against public bodies and provide education to the public on Illinois' transparency laws.
Americans for Prosperity Foundation v. Bonta, 141 S.Ct. 2373 (2021), is a United States Supreme Court case dealing with the disclosure of donors to non-profit organizations. The case challenged California's requirement that non-profit organizations disclose the identity of their donors to the state's Attorney General as a precondition of soliciting donations in the state. The case was consolidated with Thomas More Law Center v. Bonta. In July 2021, the Supreme Court ruled in a 6–3 decision that California's requirement burdened the donors' First Amendment rights, was not narrowly tailored, and was constitutionally invalid.
