Saturday, October 16, 2004

FOIA suit over meeting with architect to discuss litigation

The Culpepper paper reports here: "Last week the Board of Supervisors held a closed session, stating the agenda was privileged because it 'could lead to probable litigation.' They didn't know how right they were."

The probable litigation exception to the open meeting requirement has given me pause to ponder at different times over the years, where the government lawyer concludes that the government has a claim and wants to talk to the board about whether it should be brought. In my view, that's probable litigation, even if the board decides not to file the suit but to do something else, like negotiate some more.

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