Resident asks whether NDAs were used in economic-development talks; county attorney cites statutory confidentiality

A member of the public on Aug. 27 told the county commission that he had asked for records about nondisclosure agreements referenced in public discussions and that staff had told him there were no NDA records. The commenter said the state’s attorney now has paperwork and he would continue pursuing the issue.

“I go back to to Tom, and I said, you know, I'm not trying to be difficult here, but what are the NDAs that mister Smith and mister Wright have been talking about?” the resident asked. County Attorney Tom replied that while there may be no literal, executed agreement, statute can create equivalent confidentiality: “There is no quote agreement, but the effect is the same as an NDA as the information is confidential per law for the prescribed time period,” Tom said, and added that releasing such confidentiality requests is a criminal offense under the statute.

Tom offered to provide the statute text to the commissioners and the public. The board did not adopt new confidentiality policy at the meeting; the county attorney said the referenced confidentiality came from a statute enacted by the legislature and that staff acted to comply with that law.