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City Attorney informed council Nov. 24 that a requester appealed the denial of a Freedom of Information Act request for a tentative collective bargaining agreement while negotiations were ongoing. The denial had been based on attorney‑client/work‑product privileges applied during active negotiations. The City Attorney said the requester ultimately received the tentative agreement after negotiations concluded but nevertheless pursued an appeal alleging the basis for the prior denial was improper.
The City Attorney reported late‑breaking communications showing the requester and city staff had reached a tentative resolution in email but that the agreement had not yet been finalized in a single written document. He asked the council to postpone the hearing so staff and the requester could finalize the resolution; council agreed and postponed the hearing until the next regular council meeting. If the resolution is finalized in writing, the item will not return to the council agenda.
The council’s action was a procedural postponement rather than a substantive ruling on legal privileges or the merits of the FOIA appeal. Staff told council they expected to have the matter finalized by the Wednesday before Thanksgiving and asked for postponement to the next regular meeting to allow closure without the need for a hearing.
Next steps: City staff and the requester will finalize the written resolution; if finalized the item will not reappear on council’s agenda; otherwise council will resume consideration at its next regular meeting.
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