Topic: The Freedom of Information Act

Foliage, Frost, Frozen Ponds And The FOIA (Part Two): Can You See My Notes (And Calendar)?

For those who still cannot get enough after my latest post on the Freedom of Information Act [“FOIA”], here are more nuggets from the Freedom of Information Commission [“FOIC”]. Today, we focus on written notes and calendar entries. When are personal notes FOIA-able? Generally, but not always, one’s own personal notes may be exempt from…

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Drafting Agendas: Three Reasons to be More Specific than “Attorney-Client Privileged Communication – Executive Session Anticipated”

One of the most regularly used reasons to enter executive session is to discuss a matter that would result in the disclosure of communications that are privileged by the attorney-client relationship. The agenda item often appears as this: “Discussion and possible action on attorney-client privileged communication – executive session anticipated.” Unfortunately, this agenda item will…

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School District’s Refusal to Release Bullying Investigation Report Upheld

While the Freedom of Information Act [“FOIA”] generally seeks to provide access to records created by public agencies, and while anti-bullying laws require that parents be notified by a school district with regard  to the district’s response to bullying complaints, federal laws protecting the privacy rights of students provide a countervailing block to unfettered access…

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New Board Members’ Homework

It is that time of year when newly elected board of education members are settling in to their positions and starting to assume responsibility for overseeing their respective municipality’s public school district.  To help ease the process, recently elected school board members should take the time to become familiar with the following: • Board bylaws…

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