SANDRA BENSON BRANTLEY COUNSEL TO THE GENERAL ASSEMBLY BRIAN E. FROSH ATTORNEY GENERAL ELIZABETH F. HARRIS . 2,5: I . M. ROWE CHIEF DEPUTY ATTORNEY GENERAL "4 i ti. DEPUTY COUNSEL JEREMY M. MCCOY ASSISTANT ATTORNEY GENERAL THE ATTORNEY GENERAL OF MARYLAND STAMPER ASSISTANT ATTORNEY GENERAL CAROLYN A. QUATTROCKI DEPUTY ATTORNEY GENERAL OFFICE OF COUNSEL TO THE GENERAL ASSEMBLY September 19, 2019 The Honorable William E. ?Brit? Kirwan, Chair, Blueprint for Maryland?s Future Funding Formula Workgroup 90 State Circle Annapolis, Maryland 21401 Dear Dr. Kirwan: You have inquired whether the Blueprint for Maryland?s Future Funding Formula Workgroup (?Workgroup?) is subject to provisions of the Open Meetings Act under Title 3 of the General Provisions Article As the Workgroup does not fall within the de?nition of a ?public body? as de?ned in GP it is not subject to the requirements of the OMA. Under GP 3-301, ?[e]xcept as otherwise expressly provided in this title, a public body shall meet in open session.? A ?public body? is defined in GP as an entity that consists of at least two individuals and is created by: the Maryland Constitution; (2) a State statute; (3) a county or municipal charter; (4) a memorandum of understanding between local county boards of education and the State Department of Education; (5) an ordinance; (6) a rule, resolution, or bylaw; (7) an executive order of the Governor; or an executive order of the chief executive authority of a political subdivision. A ?public body? also includes a multimember board, commission, or committee that is appointed by the Governor, chief executive authority of a political subdivision, or by an entity of the Executive Branch or of?cial subject to its direction. GP As I understand it, the Workgroup was jointly appointed by the President of the Maryland Senate and Speaker of the House of Delegates by a joint statement in June of 2019. The Workgroup was not formally created through one of the seven methods described in GP As a Workgroup created by the presiding of?cers of the General Assembly, the Workgroup likewise does not meet the de?nition of a ?public body? appointed by the Governor or a political subdivision, or entity of, or of?cial subject to an entity of the Executive Branch. GP Accordingly, the Workgroup does not appear to constitute a ?public body? that is subject to the requirements of the OMA. 104 LEGISLATIVE SERVICES BUILDING - 90 STATE CIRCLE - ANNAPOLIS, MARYLAND 21401-1991 410-946?5600 - - FAX - TTY 410?946?5401 - 301?970?5401 The Honorable William E. ?Brit? Kirwan September 19, 2019 Page 2 I hope this is responsive to your request. If you have any questions or need any additional information, please feel free to contact me. Sincerely, a a Jeremy M. McCoy Assistant Attorney General