Got a secret Can you keep it? Swear this one you’ll save Better lock it, in your pocket Taking this one to the grave
The city council is meeting in open session. Appearing before the group is a former city official, now terminated, who comes to argue certain matters relating to his termination. He and his attorney bring certain documents to the meeting, present them to the council in open session and discuss those same documents at the open meeting.
Afterward, a reporter asks for the documents, and is told the city doesn’t think they can make them public. (Although, I have to note, the reporter says EVERYONE ELSE in town who wanted a copy got one!)
How in the world can a reasonable person think that a document which is discussed in a public meeting is not a public record? It is part of the minutes of that open meeting. It’s a record that both the former official, who brought it up in an open meeting, and the public body, who chose to discuss it in an open meeting, have chosen to waive their privilege to close.
Folks, it’s open. The cat’s out of the bag. There cannot be any expectation of privacy when you talk about matters in an open session. So turn it over, already!