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The clipping this text was read from
The clipping this text was read from

discussion in executive session. "If the essence of the report was discussed by the public body in open session, I am of the opinion that the reports lost the privileged protection provided in the e x e m p t io n ... T o hold otherwise would allow any report prepared by a public body to be exempt from the mandatory disclosure...as long as it was purportedly prepared for executive session. Such a result would be contrary to the purpose of the Act,” Baliles stated.

He advised that it becomes a factual determination whether the board’s public discussion has so revealed the essence of the report's content that the report has, by reason of the public discussion, become a part ot the public domain.

Accordingly, the Attorney General concluded that the draft architectural reports and analysis would not be exempt trom mandatory disclosure if the essence of their substance and contents were the subject of discussion in open meeting, even though they may have been initially prepared exclusively for use in executive session.

Under authorization from publisher Arthur W. Arundel, the Rappahannock News is pursuing resolution of the Freedom of Information issue raised by the school board’s refusal to release the requested documents through appropriate legal channels.

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