Page 12 - The Edge - Fall 2020

Dealing with Commercial Purpose Public Records Requests

CONTINUED FROM PAGE 10

what purpose they are to be used for, and current or statute that prevents disclosure altogether.
market supply and demand.
"An example of a commercial records
The district Governing Board – or the board’s request would be a corporation asking
assigned representative – must approve a
valuation methodology prior to the school district for a list of all parent/student directory
imposing the charge. The methodology adopted information for purposes of adding
by the board must be objectively reasonable, be
demonstrably connected with the commercial the parents to the entity’s solicitation
market, and be applied evenly to all entities that mailing list."
request the same or similar information.
If your district has questions about public records
At the end of the day, school districts must requests, please reach out to your Trust Pre-Paid
respond to commercial purpose public records Legal Program attorney.
requests, just as they are bound to provide public
records for non-commercial purposes. Regardless Anthony W. Contente-Cuomo, an attorney with the
of the type of request, districts should carefully Phoenix law firm of Sims Mackin, is on the Trust’s
review each record to determine if it is within Pre-Paid Legal attorney panel specializing in
the parameters of the request, if it needs to be education law. He can be reached at: (602) 772-5523
redacted, and if there is any applicable case law or acc@simsmackin.com.

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12 THE EDGE FALL 2020