Responsive to this request, we have identified three records of notes developed after the November 21, 2019, meeting by Board of Education members Jennifer Mallo, Kirsten Coombs and Vicky Cutroneo regarding the recess taken that evening. Under MPIA GP § 4-301(1), which requires a custodian to deny inspection of a record if by law, the public record is privileged or confidential, these notes constitute attorney-client communications/work product, and thus are subject to non-disclosure under this provision of the MPIA. The Board of Education has considered this request, however, and voted to waive the privilege solely as to notes made by Board members concerning the recess taken during the November 21, 2019 meeting. Accordingly, please find the responsive notes below.
I am requesting any notes taken at any time and meeting minutes documented by Board of Ed members, Superintendent, Deputy Superintendent, and Board Administrators about the "behind closed door recess" (aka illegally closed meeting) during the redistricting final vote on November 21, 2019.