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Legislative counsel proposes limiting proactive disclosure of Human Rights Commission investigative reports to GRAMA responses
Summary
Draft language would make Human Rights Commission investigative reports from HRC-initiated complaints producible in response to public-records requests but not subject to proactive website publication; counsel said reports would no longer be confidential after final determination and party notice.
Hillary Tenerdy of the Office of Legislative Council told the committee the draft clarifies how investigative reports from Human Rights Commission-initiated complaints are treated under public-records law.
Tenerdy said the new language requires that "any resulting investigative report shall not be confidential" for complaints initiated pursuant to the cited subsection, but clarified that the reports would be produced in response to a public-records (GRAMA) request rather than proactively posted to a commission website. She summarized the intent as limiting proactive disclosure while ensuring that reports are public records once the commission has issued a final determination and the parties have been notified.
Committee members asked for clarifications about what "proactive disclosure" would mean in practice and whether the draft aligns with recent public-records approaches; Tenerdy said the section was drafted earlier and counsel could offer a more consistent approach to the public-records language.
No vote was taken; committee members indicated they understood the draft and had no immediate objections but signaled follow-up technical work might be needed to harmonize confidentiality carve-outs and production processes.
