7(1)(s)

How the Public Access Counselor has treated 7(1)(s)

Section 7(1)(s) addresses records relating to intergovernmental risk-management associations and self-insurance pools. In the decisions reviewed, public bodies invoked it for materials such as workers’ compensation supporting records, settlement agreements and amounts, emails concerning insurance claims management, and a facility risk assessment report.

The PAC has applied the provision narrowly in these decisions. It found violations where an agency withheld de-identified nerve-conduction-velocity test results and where a city redacted settlement dollar amounts from agreements entered through a risk-management association. It found no violation where a village withheld emails about insurance claims management and where a park district withheld a stable-buildings risk management report, in those cases also citing other exemptions alongside 7(1)(s).

At a glance: 4 documents(2 binding opinions, 2 determination letters). Most often cited alongside: 7(1)(m) (Attorney/auditor communications and litigation-preparation materials) (2); 7(1)(a) (Confidential under other federal or State law) (1); 7(1)(v) (Security vulnerability assessments and response plans) (1).

Recurring issues

• Whether de-identified medical test results submitted in support of workers’ compensation claims are exempt as risk-management records. (Medical test results for workers' compensation claims)
• Whether settlement dollar amounts in agreements entered through a risk-management association may be redacted as claims information. (Unredacted settlement agreements with former employees)
• Whether emails relating to insurance claims management may be withheld under 7(1)(s) alongside attorney-client material. (Emails withheld under attorney-client privilege and insurance exemptions)
• Whether a facility risk assessment or risk management report may be withheld under 7(1)(s) alongside other exemptions. (A risk management report on building safety)

Practical points

• In these decisions, de-identified nerve-conduction-velocity test results submitted with workers’ compensation claims were not treated as exempt under 7(1)(s).
• In these decisions, settlement agreements and settlement amounts resolved through an intergovernmental risk pool were treated as subject to disclosure.
• In these decisions, withholding was upheld for emails about insurance claims management and for a facility risk management report when the records fit 7(1)(s) and cited additional exemptions.

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.