Local Government Response to Public Record Requests: Ensuring Compliance With FOIA and State Public Record Laws

Description

When municipalities receive requests from citizens or entities to review and copy public documents they created or have custody of, the federal Freedom of Information Act (FOIA) and comparable state laws mandate specific actions or responses. Failure to respond to requests for access to public records is unlawful.

Evolving technology and a corresponding surge in the volume of requests over the past decade has municipalities grappling with how to stay in compliance with the law in this area.

To minimize compliance missteps, local governments must develop and maintain policies and procedures outlining how to respond to public record requests for council meeting minutes, local ordinances, budgets, policies, audits and similar documents. The policies should clearly define what constitutes a “public record” subject to disclosure, the types of information exempt from disclosure, and a “reasonable amount of time” to respond to public record requests.

In creating and implementing such policies, municipal attorneys must balance the public interest in government transparency and openness against legitimate privacy and other confidentiality concerns.

Listen as our authoritative panel of municipal attorneys discusses their perspectives and recommended best practices for responding to public record requests without violating FOIA or related state laws.