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Civil counsel tells Marquette County commissioners vendor conditions would effectively deny FOIA appeal
Summary
Civil counsel Alex advised the board that allowing a vendor to impose conditions on the release of records would amount to a denial of a FOIA appeal because FOIA disclosures cannot be made with vendor-imposed conditions. Counsels advice influenced the boards decision to grant the appeal unconditionally.
During discussion of whether the vendor requested conditions on disclosure, civil counsel Alex explained the countys legal obligations under FOIA and cautioned that accepting vendor conditions would be inconsistent with the statute.
"It would be effectively a denial of the appeal, because it wouldn't be disclosing the information unconditionally. There's no provision for conditions," Alex told commissioners. That legal guidance framed subsequent discussion and was cited by commissioners who supported granting the appeal and ordering release of the records.
