email from tim ford washington state attorney general ombudsman for open government
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Are school directors notes taken in executive session public records?TRANSCRIPT
3/13/12 12:23 PMXFINITY Connect
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From : Tim Ford (ATG) <[email protected]>
Subject : RE: Quick question on open government
To : Debra & Gary Kolrud <[email protected]>
XFINITY Connect [email protected]
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RE: Quick question on open government
Thu, Mar 08, 2012 01:55 PM
Debra Kolrud, It depends on the facts and is open to interpretation. The Public Records Act defines a public record to mean basically a 1) writing, 2)related to the conduct of government, 3) used by government. See RCW 42.56.010(2). Notes taken by a single director that remain inthe possession of the director are likely not public records because they don’t meet the third prong of the definition. The personal notesare not used by the school board since a single director does not represent the board or school district. However, if the notes arecollected or compiled by the board or school district then they are probably public records. Sincerely, Tim FordOpen Government OmbudsmanAssistant Attorney General for Government Accountability Attorney General of Washington1125 Washington St, SEOlympia, WA 98504(360) [email protected]://www.atg.wa.gov/OpenGovernment/Ombudsman.aspx DISCLAIMER: This email is not intended or offered to provide legal advice or legal representation by the Office of the Attorney Generalto any recipient.
From: Debra & Gary Kolrud [mailto:[email protected]] Sent: Wednesday, March 07, 2012 1:41 PMTo: Ford, Tim (ATG)Subject: Quick question on open government Dear Mr. Ford, Can you please tell me if documents such as notes taken by a School Director during an executive session are subjected to publicrecords request?Thank you,Debra Kolrud