Office of Open Record says recordings of meetings are public record
From the Pennsylvania Freedom of Information Coalition
The Office of Open Records has issued an Advisory Opinion stating that tape recordings made by a board secretary for the purpose of writing minutes are to be considered public record.
The advisory opinion, written by executive director Terry Mutchler on Feb. 17 in response to a request by the solicitor for the borough of Franklin Park in Allegheny County, addresses a number of questions raised in regards to secretary's tapes and notes:
• Tape recordings made by a board secretary for the purpose of writing minutes are to be considered public record.
• A 1997 court ruling that held such tapes did not have to be disclosed because they are not official minutes no longer applies, as the new open records law specifically includes tapes under the definition of public record, even though they are still not considered minutes.
• The secretary's notes taken during a public meeting are to be considered "draft minutes." They are not publicly accessible, however, because there is an exemption in the open records law for draft minutes. However, the exemption for draft minutes only lasts until the next regularly scheduled meeting. After that time, whether the minutes are formally adopted or not, the draft minutes become public record.
• The secretary's meeting notes are not to be considered exempt from disclosure under the "notes and working papers use solely for personal use" provision, since the notes – as draft minutes — form the basis for the final minutes, and have an official – not personal – purpose in documenting the official business of the agency.
Read the 2/17/2009 Advisory Opinion on the Recording of Meetings
The Office of Open Records has issued an Advisory Opinion stating that tape recordings made by a board secretary for the purpose of writing minutes are to be considered public record.
The advisory opinion, written by executive director Terry Mutchler on Feb. 17 in response to a request by the solicitor for the borough of Franklin Park in Allegheny County, addresses a number of questions raised in regards to secretary's tapes and notes:
• Tape recordings made by a board secretary for the purpose of writing minutes are to be considered public record.
• A 1997 court ruling that held such tapes did not have to be disclosed because they are not official minutes no longer applies, as the new open records law specifically includes tapes under the definition of public record, even though they are still not considered minutes.
• The secretary's notes taken during a public meeting are to be considered "draft minutes." They are not publicly accessible, however, because there is an exemption in the open records law for draft minutes. However, the exemption for draft minutes only lasts until the next regularly scheduled meeting. After that time, whether the minutes are formally adopted or not, the draft minutes become public record.
• The secretary's meeting notes are not to be considered exempt from disclosure under the "notes and working papers use solely for personal use" provision, since the notes – as draft minutes — form the basis for the final minutes, and have an official – not personal – purpose in documenting the official business of the agency.
Read the 2/17/2009 Advisory Opinion on the Recording of Meetings
