| Opinion
No. |
Issue(s)
|
January |
|
AO-01-13 |
Generally,
records submitted by a private company to a state agency
as required by regulation are public records subject to
FOIA. Marking such records "proprietary and confidential"
does not, by itself, make them exempt from mandatory disclosure;
records are only exempt if there is a specific provision
of law that allows them to be withheld. |
March |
|
AO-02-13 |
FOIA
is silent regarding the logistics of holding a public
meeting. In a situation where the meeting room lacks the
capacity to accommodate all those who wish to attend,
the best practice is to move to a larger venue and use
technology to increase public access, when possible. |
May |
|
AO-03-13 |
A
motion to convene a closed meeting must identify the subject
to be discussed, the purpose of the discussion, and cite
an appropriate exemption. There are two requirements set
forth in the exemption allowing public bodies to hold
closed meetings to discuss real property matters: (1)
that the discussion concern the acquisition of real property
for a public purpose, or the disposition of publicly held
real property, and (2) that discussion in an open meeting
would adversely affect the bargaining position or negotiating
strategy of the public body. |
AO-04-13 |
A
committee that was created by action of a city council,
but does not advise the city council or perform a delegated
function of the city council, is not a public body subject
to FOIA for meetings purposes. However, records of such
a committee that are in the transaction of public business
are public records subject to FOIA. |
AO-05-13 |
Charges
for public records are limited to actual costs. The actual
cost to provide electronic records is not the same as
the cost to provide paper copies. Estimates must be provided
in advance if requested. |
June |
|
AO-06-13 |
A
contract between a public body and a public employee settling
an employment dispute may be withheld as a personnel record.
However, accounting records that reflect payments pursuant
to a settlement agreement are not exempt. |
July |
|
AO-07-13 |
A
committee or advisory group of a public body that performs
a delegated function or advises the public body is itself
a public body. A committee or advisory group created by
an individual to advise that individual is not a public
body. In either case, however, records prepared, owned,
or possessed by the committee or advisory group in the
transaction of public business are public records subject
to FOIA. |
November |
|
AO-08-13 |
Law-enforcement
agencies may withhold personal identifying information
contained in noncriminal records to protect the safety
or privacy of any person. Information in the possession
of law-enforcement agencies relative to the identity of
adult arrestees must be provided upon request. |
