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


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, November 4, 2019

PAC Issues 2 Binding FOIA Opinions

Last week, the Public Access Counselor of the Attorney General's office issued two new binding FOIA opinions. 

In PAC Op. 19-010, the PAC found a city in violation of FOIA for denying a request for body camera recordings. relating to an attempted arrest. The city had released other records relating to the incident, but withheld the body camera recordings, citing the Law Enforcement Officer-Worn Body Camera Act and the FOIA exemptions that protect records when there is an open criminal investigation. The county states attorney also supported the city's withholding of the recordings.

The PAC reviewed the city's denial and cited exemptions and rejected its argument that the recordings were exempt. Although the city and states attorney provided detailed reasons why release of the recordings would interfere in the ongoing criminal investigation, the PAC determined that the city's burden to justify withholding the records was not satisfied. The PAC also rejected the city's reliance on the exemption set forth in the Law Enforcement Officer-Worn Body Camera Act, and ordered release of the recording.

In PAC Op. 19-011, the PAC found a county assessor's office in violation of FOIA for failing to respond to a FOIA request for permit applications relating to five properties. The county failed to respond to the request or to the PAC's request for review. 


Post a Comment