Herbst letter to the Big 12 expressing UConn's interest

[CL82]

If one or more of the attorneys are state employees, they likely are. Especially if it's not in a trial setting.

Yep, I was thinking outside counsel, but the reference was to general counsel.

Took a quick look - it seems like they'd need to fall in one of these boxes to avoid FOIA:

Exemption 5: Privileged communications within or between agencies, including:

1. Deliberative Process Privilege
2. Attorney-Work Product Privilege
3. Attorney-Client Privilege

Maybe Deliberative Process Privilege?

 

[HuskyHawk]

Yep, I was thinking outside counsel, but the reference was to general counsel.

Took a quick look - it seems like they'd need to fall in one of these boxes to avoid FOIA:

Exemption 5: Privileged communications within or between agencies, including:

1. Deliberative Process Privilege
2. Attorney-Work Product Privilege
3. Attorney-Client Privilege

Maybe Deliberative Process Privilege?

Yeah, and I'm not suggesting they'd even survive a challenge. Really I was thinking more that the Big 12 wanted this stuff under-wraps long enough to get it done before disclosure. So even the ability to claim an Exemption would buy them time.

I don't deal with FOIA stuff, but my understanding is that somebody requests. You respond within a certain time, and can without certain exempt materials. Then the requester has to challenge that exemption, and you can fight that, etc. It buys time at a minimum.

 

[NYUConn]

Yeah, and I'm not suggesting they'd even survive a challenge. Really I was thinking more that the Big 12 wanted this stuff under-wraps long enough to get it done before disclosure. So even the ability to claim an Exemption would buy them time.

I don't deal with FOIA stuff, but my understanding is that somebody requests. You respond within a certain time, and can without certain exempt materials. Then the requester has to challenge that exemption, and you can fight that, etc. It buys time at a minimum.

I looked this up a few weeks back and the CT State open Record laws only indicate that the state most respond within a "reasonable" time frame. No actual timeline is laid out, which is helpful to the state in dodging open record requests.

Also helpful is that the penalty for not fulfilling an open-record request is only a couple hundred bucks.

Both give UConn less of an incentive to play ball with reporter requests in any kind of timely manner to your point.

 

[huskymedic]

Boise State letter (does not use the "expressing interest" language):
Boise State makes pitch to Big 12 Conference

That looks like - "hey, everyone else is going to the party, let's invite ourselves".

 

[SubbaBub]

I still don't get why people interested in seeing UConn move would gum up the works with an FOIA request.

We know their are working on it. Stay out of it.