Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter

Disclaimer

Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Monday, January 29, 2024

PAC Orders Finds Public Body in Violation of FOIA for Withholding Settlement Agreement


After a public body denied a FOIA request for a settlement agreement, the requestor submitted a request for review to the PAC. In PAC Op. 24-001, the PAC found the public body in violation of FOIA for withholding the agreement because (1) settlement agreements are public records expressly subject to disclosure pursuant to section 2.20 of FOIA, and (2) the public body did not claim that any portion of the agreement was exempt.

The public body argued that because the agreement included a mutual non-disparagement clause in the agreement, release of the agreement could expose it to liability because disclosure might cause harm to the other contracting party, such as disparagement. The PAC rejected that argument, and also noted that even if the agreement contained a confidentiality provision prohibiting disclosure of the agreement, that provision would be unenforceable because section 2.20 of FOIA provides that settlement agreements are public records disclosable to the public, subject to redaction of exempt information.

Post Authored by Eugene Bolotnikov, Ancel Glink

0 comments:

Post a Comment