The opinion wasn't based simply on whether an entity was federally funded, but, for future reference, we'll enter your name on the rolls under the not-buying-it category. >>> "Pomerantz, Jane C. (GC-LI)" <jpomerantz@xxxxxxxxxxx> 06/23/2005 8:23:52 >>> AM >>> Joe If I were to "buy that logic", I would be a federal agency because I am federally funded. I also don't think I can buy it because I just read a PA Supreme Court case dealing with what is a public instrumentality. In fact the court specially stated "The receipt by Temple of increased state financial aid no more transforms Temple into a state "agency" than the receipt of federal funds can make Temple an agency of the federal government." Mooney v. Temple, 292 A.2d 395 (1972). (By the way, this case also has some great language in a footnote, quoting cases from DC, Calif, and Iowa, about a public records request that was a broad and unlimited request that the court, quoting Iowa, said would impose an intolerable burden on the public officer . . . and an unreasonable and harmful interference with the day-to-day conduct of public business. Loved this language.) Thanks for the info. JP -----Original Message----- From: Joseph Mueller [mailto:JMuelle@xxxxxxxxxxxxxxxx] Sent: Wednesday, June 22, 2005 7:48 PM To: wiaattorneys@xxxxxxxxxxxxx; jpomerantz@xxxxxxxxxxx Subject: Re: [wiaattorneys] WIB as public instrumentality There's an in-house legal opinion from 1994, concluding that private industry councils established under the JTPA were federal agencies for purposes of an exception to Illinois' confidentiality statute that allows IDES to share info with certain state or federal agencies. The reasoning was that the PICs constituted a federal authority, for purposes of the federal Administrative Procedure Act, because they were created and funded under the JTPA. If you buy into that logic, it seems it would also apply to LWIBs. Joe Mueller, Legal Counsel Illinois Department of Employment Security 850 E. Madison, Third Floor Springfield, Illinois 62702 217/785-5069 >>> "Pomerantz, Jane C. (GC-LI)" <jpomerantz@xxxxxxxxxxx> 06/21/2005 >>> 12:18:07 PM >>> Has anyone reviewed the issue of whether the local WIBs are public instrumentalities? I don't think they are but I wondered if anyone has explored the issue. Thanks JP Jane C. Pomerantz Deputy Chief Counsel Department of Labor & Industry Phone: 717-787-4186 Fax: 717-787-1303 Wisdom is knowing the right road to take. Integrity is taking it.