Settlement of Lawsuit Against A Public Official Or Public Body

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.

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.

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.
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