The Appellate Division recently issued a precedential OPRA opinion of great significance to all public bodies that hold public meetings. The court ruled that the draft minutes of such a meeting are not government records; the minutes are public records only after the public body approves them. Libertarians for Transparent Govt v. Govt Records Council.

The law is settled that draft documents are deliberative and therefore exempt from disclosure. The appellant in this case argued that the draft minutes of public meetings should be treated differently, based on the idea that they are simply a summary of what occurred at the meeting. The court rejected this position. It stated that the draft minutes are, like any other draft document, the writer’s recommended summary, which the members of the public body may revise and supplement after their review.

The court also emphasized that the entire draft minutes document is confidential, and is not subject to release with partial redactions.