Freedom of Information and "Open Government"

Question 1

Who may make a FOIA request?

Answer 1

ANY citizen

Question 2

What form of writing may be used to make a FOIA request?

Answer 2

ANY – even e-mail

Question 3

Is anything beyond the reach of FOIA requests?

Answer 3

Generally only juries and the Crime Commission

Question 4

How long does the public body have to respond to a FOIA request?

Answer 4

The response must be made “promptly, but in all cases within five working days of receiving a request.”
The response must be one of five

Question 5

What happens if a public body fails to respond to a FOIA request?

Answer 5

Failure to respond is, by statute, automatically deemed a denial of the request and “shall constitute a violation of this chapter.”

Question 6

Where does FOIA place the burden of proof?

Answer 6

FOIA places the burden of proof upon the public body to establish an exemption by a preponderance of the evidence

Question 7

A governmental body responding to a FOIA request may charge reasonable amounts for what?

Answer 7

1. copying or printing charges;
2. cost of for searching for responsive records; and
3. the cost of analyzing the records located in order to determine their producibility in light of the statutory requirements and the many statutory exemptions for specific categories of records

Question 8

Enforcement of FOIA

Answer 8

Any citizen who has been denied rights and privileges under the Act may file a petition for mandamus or injunction, supported by an affidavit showing good cause. The petition must allege the denial with “reasonable specificity.”

Question 9

If the court finds that the govt body has violated the FOIA, the petitioner is automatically entitled to recover….

Answer 9

reasonable costs, including costs and reasonable fees for expert witnesses, and attorney’s fees from the public body if the petitioner “substantially prevails” on the merits, unless “special circumstances” would make an award unjust.