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relating to the county’s contributions to Piedmont Vocational Technical Center.
The school board released both the index salary scale proposal and the information requested by Mrs. Fontaine. The board emphasized, however, that it still considered the index salary scale proposal exempt from Freedom of Information disclosure requirements and was supplying the proposal to the News only because there was “no compelling reason" not to do so. The board members held firm on the architect's report, however, refusing to release it to the commonwealth's attorney.
“As to items required other than the architectural report and analysis, the FOI Act clearly required disclosure," Baumgardner noted in the letter to the News dated November 10. “The architectural report and analysis. however, presents a more difficult question, primarily because of the fact that the courts have never had occasion to rule on the issue of what constitutes the 'essence' of a report of this nature."
An opinion sought from the Attorney General on the question was not definitive. “In fact." Baumgardner noted in his November 10 letter, "the Attorney General specifically held that it 'necessarily 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 of the public domain.' ”
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