Deliberative process exemption
From Sunshine Review
open records requests is one that shields from public scrutiny that papers and materials that elected officials use in the course of reaching a decision.
[edit] State exemptions
[edit] Alaska
In 1986, in the case of Doe v. Superior Court, the Alaskan Supreme Court ruled that there is a limited "executive" or "deliberative process" privilege in the Alaska Public Records Act that protects communications between the governor and his or her aides about policy matters. This decision related to internal communications about advice, opinions and recommendations. In a 2000 case, Gwich'in Steering Committee v. Office of the Governor, the court said the privilege is intended to "protect the mental processes of governmental decisionmakers from interference." .[1]
In 2003, in Fuller v. City of Homer, the court said that the the City of Homer was wrong to claim that it could withhold access to staff documents under the "deliberative processes privilege".[2]
[edit] California
[edit] Colorado
The Colorado Open Records Act has a deliberative process exemption in Section 24-72-202(6)(b)(I)-(III) which exempts work product prepared for elected officials from public disclosure. In the 2008 case of Ritter v. Brad Jones, a judge used this exemption to withhold copies of communications between lobbyists and a state legislator from a requestor.
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