Opinions by topic: (RECORDS) Working Papers/Memoranda/Correspondence Exemption

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• FOI Advisory Council Opinion AO-17-04 (8/31/2004): the working papers exemption does not expire unless the working papers are disseminated or otherwise made public by the official to whom the exemption applies. Absent such a release, a record created by or for one of the named officials for his personal or deliberative use retains the characterization of a working paper.
• FOI Advisory Council Opinion AO-08-04 (5/4/2004): A master plan document required to be submitted to a housing authority, that comes into the director's possession during the ordinary course of business, is not a working paper.
• FOI Advisory Council Opinion AO-12-02 (10/30/2002): To claim the working papers exemption, a locality can have only one chief executive, such as the mayor or the city manager. The choice is based on the form of government and the charter, not a title. Whichever one it is, a locality cannot switch back and forth from one to the other.
• FOI Advisory Council Opinion AO-50-01 (12/11/2001): A county administrator, as the chief executive officer of a county, can withhold correspondence between her and the board of supervisors under the working papers exemption.
• FOI Advisory Council Opinion AO-32-01 (6/11/2001): The city manager cannot invoke the working papers exemption to protect draft budget proposals. Because those documents are routinely generated pursuant to another law, which characterizes them as the city council's property, during the ordinary course of business, they are subject to mandatory disclosure under FOIA.
• FOI Advisory Council Opinion AO-12-00 (12/12/2000): once city council members acted on a report that was arguably part of the city manager's working papers, any exempt status is lost and the document becomes part of the public record.
• FOI Advisory Council Opinion AO-01-00 (9/29/2000): Inquiries as to the status of e-mail under the Freedom of Information Act, charges for electronic records, the working papers exemption, assessment of fees for producing a requested record, the meaning of 'reasonable specificity'
• Richmond Newspapers v. Casteen (7/24/1997): Materials that would nonetheless be official records standing alone may become exempt correspondence if they are transmitted to a qualified office as a letter.
• Redinger v. Casteen (1/18/1995): Letters exchanged between an institution of higher learning and a law firm representing a university student are not exempt as work product compiled for use specifically for litigation.
• Taylor v. Worrell Enterprises (9/20/1991): The governor's itemized telephone bills are official records exempt from disclosure as memoranda, working papers or correspondence.
• Attorney General's Opinion 1983-84 #447 (8/24/1983): General fund revenue estimates prepared by the governor's advisory boards are considered working papers of the governor; Governor's budget advisory boards must follow FOIA's meeting requirements.
• Attorney General's Opinion 1982-83 #724 (2/15/1983): A draft management letter is an official record.Working papers exemption lost when chief executive officer distributes a document to others.
• Attorney General's Opinion 1982-83 #707 (10/4/1982): The phrase submitted in confidence in the working papers exemption refers to reports submitted by those outside the agency, not to internal reports.
• Attorney General's Opinion 1981-82 #438 (2/1/1982): Newsletters prepared by county administrator summarizing issues to be discussed at the next board of supervisors meeting are official records open to the public, even if some of the topics are the proper subject of a closed meeting.
• Attorney General's Opinion 1980-81 #395 (2/26/1981): Official records routinely generated in response to various statutes do not become the working papers of the chief executive officer merely because they are passed on to that office in the ordinary course of business.
• Attorney General's Opinion 1979-80 #378 (8/13/1979): School board may not use personnel exemption to discuss general personnel priorities in exeuctive session. Materials held exclusively by school superintendent are exempt working papers even if the superintendent has given a presentation to school board personnel using those materials.
• Attorney General's Opinion 1976-77 #315 (6/3/1977): Materials forwarded to individual school board members from the school superintendent are not exempt under the working papers exemption.
• Attorney General's Opinion 1976-77 #317 (3/22/1977): Salaries of identifiable employees need not be disclosed. Working papers of school division superintendent are exempt, but not similar papers held by the school board.
• Attorney General's Opinion 1976-77 #309 (9/7/1976): FOIA applies to the General Assembly and its clerks. The telephone recrods of General Assembly members are not exempt as working papers.
• Attorney General's Opinion 1975-76 #415 (3/17/1976): Working papers exemption applies to county administrator, but not to the board of supervisors.