Settlement of Lawsuit Against A Public Official Or Public Body
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Attorney General Opinion 23-016
School districts can enter into settlement agreements. If it was compiled for litigation, it may be exempt, but that’s a fact-specific determination. The amounts paid is not confidential.
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Wilson v. City of Williamsburg (GDC)
General District Court judge rules that a settlement agreement on its own is not exempt as attorney work product. It might have been prepared for litigation, which might be exempt, but without seeing the settlement (neither party provided a copy), the court can’t assume that it was.
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FOI Advisory Council Opinion AO-01-21
Although personnel records may be withheld from public disclosure, accounting records that reflect payments made by a public body to a former employee pursuant to a settlement agreement are not exempt. As this office is not a trier of fact, only a court has the authority to resolve factual disputes about specific records.
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FOI Advisory Council Opinion AO-14-00
Complaints against identifiable individuals are exempt personnel records; settlement amounts are public records, but if a record listing all amounts paid does not exist, public body has no duty to compile such a list; reworded request may yield documents sought.
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Lemond v. McElroy
Documents generated in connection with the payment process of a settlement agreement, after the mutual agreement to settle, are open to public inspection.