NBC 5 FOIA REQUEST UPDATE

By John Fester

April 24, 2019

On March 26, many of you received a FOIA request from NBC 5 requesting information about and the location of emergency storm shelters in your buildings.  We sent NBC a request that they withdraw that portion of the FOIA requesting the location(s) where students would congregate in each school due to safety concerns about revealing this information to the general public.  Having not heard back from NBC within the time permitted to respond to the FOIA, we counseled those clients who contacted us for assistance with a response to provide their severe weather procedures, but not the location(s) where students would congregate.

 On Monday, April 22, Ms. Deloian, who issued the FOIA request on behalf of NBC, responded by withdrawing her request for storm shelter location records in recognition of our safety concerns, stating in part, “I completely understand the schools [sic] concerns in revealing where students go for safety purposes, and therefore I am willing to take records that reflect the procedures undertaken in the event of a tornado warning.”  Therefore, for those of you that sent your severe weather procedures, NBC is accepting that response and we do not anticipate any follow up from NBC or the Public Access Counselor.

 If you have any questions regarding this matter, please contact your SHP attorney.