Augusta County loses FOIA appeal, ordered to turn over tapes of BOS closed meeting

A circuit court judge has ruled that Augusta County must release recordings of a closed Board of Supervisors meeting, establishing that materials turned over to the government become public records regardless of their original creator. This decision overrules a lower court’s assertion that recordings made by a supervisor for personal purposes were private, reinforcing the principle that once official agencies possess such materials, they are subject to transparency laws. The ruling hinges on the specific legal requirements for justifying closed sessions, citing precedents that demand detailed explanations rather than vague generalities. The court found the county’s motion to enter closed session insufficiently descriptive, as it lacked the particularity required by state code. This emphasizes that governments cannot rely on broad, cryptic references to hide discussions from public scrutiny, ensuring that exemptions are applied narrowly and with clear justification. This case is highly relevant to open data advocates because it strengthens legal interpretations of freedom of information laws regarding digital and audiovisual records. It clarifies that the physical or digital origin of a record does not shield it from public access if it is in the possession of a government entity. Furthermore, it sets a stricter standard for documenting closed meetings, promoting greater accountability and ensuring that citizens have better access to understanding the specific reasons behind confidential government deliberations.

Source: augustafreepress.com
Published on 2024-01-18

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