We are asked to determine whether the responses of the Board violated the Open Records Act. For the reasons that follow, we conclude the Board properly denied access to the requested documents. Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended. Otherwise, there would be a chilling effect cast upon the ability of the government to function as a system. There must be an atmosphere among staff members whereby they may express their opinions, give recommendations and otherwise engage in a preliminary process in support of the ultimate decision-maker s final decision.
Many papers are simply work papers which are exempted because they are preliminary drafts and notes.
Yellow pads can be filled with outlines, notes, drafts and doodlings which are unceremoniously thrown in the wastebasket or which may in certain cases be kept in a desk drawer for future reference. Such preliminary drafts and notes and preliminary memoranda are part of the tools which a public employee or officer used in hammering out official action within the function of his office. This was a record reflecting final agency action. We found the contract to be final action because it memorialized the parties agreement relative to the acquisition of the property and their mutual obligations. Our review of the Agreement reveals that none of these requested preliminary documents were incorporated into or made a part of that document.