Opinions by topic: (RECORDS) Libraries; Institutions of Higher Education

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• FOI Advisory Council Opinion AO-04-10 (11/19/2010): For the purpose of the definition of public records, the meaning of in the transaction of public business must be examined on a case by case basis. FOIA does not mandate how to perform a search for records, but any search that is conducted must be carried out in good faith.
• FOI Advisory Council Opinion AO-11-08 (11/18/2008): A record that is not prepared, owned, or possessed in the transaction of public business is not a public record subject to FOIA. When conducting private business, public officials and employees (in this case, a university law professor) should avoid indicia, such as agency letterhead, that make private records appear to carry the imprimatur of a public body.
• FOI Advisory Council Opinion AO-05-07 (5/7/2007): The student government of a public institution of higher education is a public body subject to FOIA. The branches of student government are analogous to the organization of government generally (i.e., legislative, executive, and judicial). (Several other related issues discussed.)
• FOI Advisory Council Opinion AO-13-04 (7/14/2004): Personal records of a university theater department audition committee member are not disclosable under FOIA or FERPA, but any standardized evaluation forms must be released to the subject student. Records pertaining to audition guidelines or procedures would be available to anyone.
• FOI Advisory Council Opinion AO-26-03 (12/8/2003): Like lists of books and quetsions asked of reference librarian, a record that showed the Web sites cisited on the Internet by a library may be exempt from disclosure.
• Attorney General's Opinion 2002 #002 (2/25/2002): Library record showing which materials a minor has checked out and which materials are overdue are exempted from mandatory disclosure, even to the parent of the minor, library records exemption, #10.
• Attorney General's Opinion 1989 #017 (7/14/1989): University library not required to disclose; titles of books checked out, references questions asked, bibliographies prepared by staff by request, nor must the titles of books ordered by faculty.