Professional Documents
Culture Documents
Hugh J. Devlin
Hugh J. Devlin
Copy fees capped
● Previously
– “...fees reasonably calculated to reimburse
its actual cost for reproducing...“
– “...shall not exceed the actual cost of
reproduction...“
● New
– 1st 50 pages FREE!
– After 50, < $0.15/page
Response Time Shortened
Public Record
● New concise definition
● Explicitly includes “electronic
communication” (e-mails) “ ...
pertaining to the transaction of public
business ... ”
● Privatization: extended to records of
contractors related to “perform a
governmental function”
● Elaborate extensive exemptions
maintained
Personal Information Exemption
Appeal Process Pre-2009
Appeal Process Post-2009
● Eliminates appeal to head of public
body
● Maintains court options
– Court-awarded attorney's fees
“may” => “shall”
– Fines $2500-$5000
● Adds Requester => Public Access
Counselor
● Stops if court action filed
Public Access Counselor
Public Access Counselor
Responsibilities
● “mandatory” training for FOIA officers
● Advisory & binding opinions
● Dispute resolution
● * Binding review of denials *
● Research on compliance
● Recommend new laws
PAC Appeal Process
● Denial letter must include PAC contact info
● Requester has 60 days to appeal to PAC *
● PAC reviews appeal request
● PAC notifies public body w/i 7 days
● Public body has 7 days to respond
● Burden of proof on public body
● PAC may allow up to 21 addl. working days
● AG may
– issues subpoena
– court
● PAC opinions posted on PAC website
Public Body must notify Public
Access Counselor
● Denial due to
– Personal information (privacy) exemption
– Preliminary draft exemption
● PAC may initiate review within 5 days
Learn More