There was a recent discussion on the FOI-L listserv about when a private entity is subject to public records requests:
https://listserv.syr.edu/scripts/wa.exe?A2=FOI-L;326b96b.190...While the example applies only for Washington state, I imagine other states have similar laws.
Edit: Appears you need to be logged in to view the message. Here's the message:
> In Washington, we have well-established case law that allows private entities to be considered the functional equivalent of an agency, based on a four-part test established by the court in the Telford case. There’s a lot of info online about it, but here’s a concise article: http://mrsc.org/Home/Stay-Informed/MRSC-Insight/January-2017.... The factors of the test are:
> 1. Whether the entity performs a governmental function;
> 2. The extent to which government funds the entity’s activities;
> 3. The extent of government involvement in the entity’s activities; and
> 4. Whether the entity was created by the government.
> It’s been applied to entire agencies, and to individual contracts being performed on behalf of public agencies. We’ve also seen individuals be deemed the functional equivalent of a government employee for purposes of PRA compliance.