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May 19, 2022

Request:  Did the Board of Chiropractic Examiners violate the open records law by withholding a recording of an executive session?

Conclusion: The Board of Chiropractic Examiners held a regular meeting in March, during which an executive session was held to discuss closed or confidential records containing medical or psychological information. The board properly recorded the executive session. After the meeting, the board received two requests for a copy of the recording or a transcript of the recording with the confidential information redacted. One of the requests was from the individual whose records were being discussed. The recording is a separate and distinct record from the protected records being discussed. An executive session not only protects the closed or confidential records but also the governing body’s discussion of those protected records. The board properly denied both requests. 

Opinion 2022-O-05

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