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Committee accepts judiciary recommendation to broaden FOA confidentiality for code-enforcement complaints
Summary
In language review of LD 2097, the committee agreed the judiciary committee's recommendation to broaden the FOA exception so complaints, replies and investigation materials considered by officials remain confidential; written decisions would remain public and appeal materials become discoverable.
Representative Gere presented LD 2097, an act to modify laws governing revocation of code-enforcement officer certification. The judiciary committee had recommended broadening the Freedom of Access Act (FOA) exception so that confidential complaints, charges, replies and other materials considered by the division director or committee would remain confidential while written decisions and findings would be public.
As Gere summarized, "they did not think the FOA exception was actually too narrow and did not sufficiently protect the code enforcement officer's privacy interests." The suggested change would strike the phrase "that may result in suspension or revocation of a certificate" from the confidentiality provision so that a broader set of complaints and investigative materials would be treated as confidential.
Committee members indicated the intent was to accept the judiciary committee's recommendation; the presenter and the chair both characterized the change as technical rather than substantive. The committee agreed to proceed with the reviser's edits reflecting the judiciary committee's suggestions.
Final reviser's formatting and any required follow-up materials will be circulated by email; no formal vote was recorded in the transcript during the language-review session.
