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October 17, 2019

Request: Did the Board of Chiropractic Examiners violate the open meetings and open records laws by holding improper executive sessions and by withholding requested records?

Conclusion: The board held a regular meeting during which it held several executive sessions, two of which were questioned as to whether they were authorized by law and whether final action was taken. With regard to the first executive session, the board received advice from its attorney regarding potential litigation relating to a proposed change to the administrative rule. During the executive session the board provided guidance to the attorney, but did not take final action. During the next executive session, the board discussed new complaints against three licensees. The complaints are protected by law and the board’s attorney provided guidance on the strengths of pursuing action based on the information provided and what additional information would be needed to pursue claims. The board did not take final action during the executive session. The board’s executive sessions were authorized by law. The board then received a request for the recordings of the two executive sessions. The board denied the request for the recordings citing attorney consultation and exempt complaint records. A recording of an executive session held to hear exempt information may be disclosed only upon approval of the board. As the board did not approve disclosure of the executive sessions, the board properly denied the request.

Opinion 2019-O-19

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