Chapter 04. Disputed Public Records

When the dispute involves a custodian’s application of an exemption to a public record or part of a public record, the Ombudsman may request the custodian to submit the disputed public record or part of a public record to the Ombudsman for review.

A custodian may not be compelled to disclose to the Ombudsman a public record or part of a public record in the custodian’s custody.

A custodian’s voluntary submission of a public record or part of a public record for review under this chapter may not be construed as a waiver of:

The Ombudsman shall strictly maintain the confidentiality of any public record or part of a public record submitted for review under this chapter, and may not disclose any such public record or part of a public record to another party without the written permission of the custodian.

The Ombudsman shall take reasonable steps to segregate confidential records in such a way that their confidence is maintained.

Upon the conclusion of a mediation involving the Ombudsman’s review of disputed public records, the Ombudsman shall return or destroy the disputed public records.