| Opinion
No. |
Issue(s)
|
February
|
|
AO-01-08
|
Records
concerning a public body's employment policies are open
to disclosure. If a public body is unsure of the scope
of a request, it should contact the requester to clarify
the matter. A failure to respond to a records request
is deemed a denial of the request and a violation of FOIA. |
March |
|
AO-02-08
|
Weekends
and legal holidays are not counted as working days when
computing the five working day time limit for a response
to a request for public records. A public body must inform
a requester in writing when it does not have the records
the requester seeks. Clear communications are essential
to the operation of FOIA. |
AO-03-08
|
The
public policy of FOIA requires that exemptions from public
access to records and meetings shall be narrowly construed.
If a request is unclear, then the public body should contact
the requester to clarify the matter. |
April |
|
AO-04-08
|
A
public body may convene a closed meeting to discuss the
formation and award of a procurement contract. |
May |
|
AO-05-08
|
FOIA
does not require a public body to provide records, or
portions thereof, that are not responsive to a request.
Implementing a universal security policy requiring all
visitors to present identification before entering a public
building does not inherently exclude the public from attending
public meetings which may be held therein. |
AO-06-08
|
Records
concerning general law enforcement policy matters must
be disclosed, but records specifying how policy will be
implemented, i.e. the methods by which officers will conduct
investigations, may be withheld as records of investigative
techniques or procedures. |
June |
|
| AO-07-08 |
Failure
to respond to a request for records is deemed a denial
of the request and a violation of FOIA. Clear communications
are essential to FOIA transactions. |
October |
|
AO-08-08 |
A
citizen advisory committee that was not created by a public
body, does not perform delegated functions of a public
body, does not advise a public body, and does not receive
public funding, is not a public body subject to FOIA. |
AO-09-08 |
FOIA
provides that public bodies bear the burden of proof to
establish an exemption by a preponderance of the evidence.
However, FOIA is silent regarding whether a requester
may challenge as an abuse of discretion a decision not
to disclose records that are excluded from mandatory disclosure
pursuant to a valid exemption, once the exemption has
been established. |
AO-10-08 |
The
records of a community center created and funded by local
government, operated by a nonprofit organization acting
pursuant to a contract with the local government, are
public records subject to FOIA. |
November |
|
AO-11-08 |
A
record that is not prepared, owned, or possessed in the
transaction of public business is not a public record
subject to FOIA. When conducting private business, public
officials and employees should avoid indicia, such as
agency letterhead, that make private records appear to
carry the imprimatur of a public body. |
December |
|
AO-12-08 |
As
a general rule, an individual member of a board, designated
as a liaison to staff, is not a public body for meetings
purposes. Records prepared, owned, or possessed by that
member in the transaction of public business are public
records subject to FOIA. |
AO-13-08 |
A record which is not prepared by, owned
by, or in the possession of a public body is not a public
record subject to FOIA. |
