Quote Originally Posted by NYDawg View Post
The documents he received did not include the LoI or the LoA. As some suggested previously, they are claiming that the NoA was delivered to outside counsel and is not on campus.
That is a hyper-literal reading of "possessed" to claim that documents in the possession of their agents are not in their possession. It makes as much sense as saying the University doesn't possess the document, it's Chancellor does and it's in his off campus residence. I wonder if that's ever been litigated before? Hard to believe it would be successful to claim hey, the public body doesn't possess the document, somebody hired by the public body possesses it.

Seems pretty clear the NOA is a document being used in the performance of any business of a public body even if they could skate by on the hyper technical definition of "possess".

(b) "Public records" shall mean all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body.