Public Access Opinion 14-006

Freedom of Information Act: Duty to Disclose Public Records in the Possession of a Public Body

A public body must disclose public records in its possession that pertain to public business. While requested records in this opinion were in the possession of a Student Government Association (SGA), the SGA was managed and controlled by a Student Activities Center, which was ultimately controlled by the public University. The PAC found the University’s ultimate control over the SGA made SGA’s records subject to disclosure under FOIA.

This opinion is binding only to the parties involved and may be appealed pursuant to State law.