E. Public Disclosure

Question 1

What type of agency is required to make public disclosure of records?*

Answer 1

State
Municipal department
Board
Bureau
Division
Commission
Committee
Public authority
Public corporation
Council
Office
Government entity

Performing governmental/proprietary function for state/municipalities

NOT for judiciary
NOT for state legislature

Question 2

Which records is Agency required to make public disclosure of upon request?*

Answer 2

Public records
- Records in Agency’s possession

UNLESS

• Statutorily privileged records
• Specifically exempt by State/Federal Statute
• Unwarranted invasion of privacy
• Trade secrets/Confidential commercial information (CCI)
• Law enforcement purposes
• Endanger life/safety (+ Critical Infrastructure Information)
• Non-final agency deliberations

Question 3

What is required for Agency to make public disclosure of governmental records?*

Answer 3

NOT purpose for which records are sought

Question 4

What is required for public bodies (NOT judicial/quasi-judicial proceedings/political committees) to conduct meetings in venues open to general public?*

Answer 4

Reasonable advance notice to public

UNLESS public body calls ‘executive session’, which requires;

1) Motion on majority vote of public body in public session
2) Motion identifies general topics for discussion, including;
- Proposed/pending litigation
- Law enforcement
- Criminal investigations
- Employment/Personnel matters
- Proposed acquisition of real property when publicity would affect its market value

Question 5

What is required for minutes of open meetings?

Answer 5

All matters voted upon

Made available to the public under FOIL (Freedom of Information Law)

Question 6

What is Record?

Answer 6

Information kept/held/filed/produced/reproduced

By/with/for agency/state legislature

In any physical form

• Reports
• Statements
• Examinations
• Memoranda
• Opinions
• Folders
• Files
• Books
• Manuals
• Pamphlets
• Forms
• Papers
• Designs
• Drawings
• Maps
• Photos
• Letters
• Microfilm
• Computer tapes/discs
• Rules
• Regulations
• Codes