Advisory Council

registrar clerk erred by requiring requester to put verbal FOIA request in writing. Freedom of Information Advisory Council has no authority to investigate or enforce possible FOIA violations. Dispute over whether a record exists is a fact issue for a court to resolve.

the working papers exemption does not expire unless the working papers are disseminated or otherwise made public by the official to whom the exemption applies. Absent such a release, a record created by or for one of the named officials for his personal or deliberative use retains the characterization of a working paper.

It appears that the intent of the law would indicate that if records do not exist, this should be stated in writing to the requester. once a deposit is requested from the public body, a requester does not have the right to demand that certain records that are believed to be easily accessible be provided immediately, before the deposit is paid, while still indicating that he wants a response to the entire request. Burden on requester to clearly indicate he is attempting to narrow a previous request, in lieu of that request. The practical perspective of dealing with the application of FOIA on a daily basis has taught [this office] that clear and concise communication between a requester and a government official -- relying on the requirements set forth in the law and not on editorial comment -- is often the best way to successfully resolve any concerns about a FOIA request.

A citizen-organized gathering with three members of a school board for the purpose of discussing business currently pending before the board must comply with FOIA's notice provisions.

The exemption that allows withholding of personal information...concerning persons participating in or persons on the waiting list for federally funded rent-assistance programs applies only to the tenants' records, not the records of the contracts landlords enter into with local housing authorities.

Personal records of a university theater department audition committee member are not disclosable under FOIA or FERPA, but any standardized evaluation forms must be released to the subject student. Records pertaining to audition guidelines or procedures would be available to anyone.

A meeting between chair and vice chair of both board of supervisors and school board is not subject to FOIA if those members were not specifcally designated as a committee of their respective boards.

Records of all investigations of the Department of Health Professions, and not just records of active investigations, are confidential, even to the subject of the records..

An outside attorney's bill to a locality must be disclosed under FOIA, though portions that reveal the substantive details of the attorney's representation may be redacted. FOIA does not require a verbal response to a request for information.

When choosing to withhold records from disclosure, the specific statutory authority must be cited; reference to a legislative bill is not appropriate. The school safety audit exemption does not apply to the entire audit, only the portions revealing specific security vulnerabilities.