Open Records

Question 1

What information is subject to disclosure?

Answer 1

1 Official business
2 By a govt body
3 For a govt body
4 By a govt employee

Question 2

What does info kept “by” the govt mean?

Answer 2

The govt:
1 Owns the info
2 Has right of access to the info, 
OR 
3 Contributes public money for the info

Question 3

Are court records subject to disclosure?

Answer 3

No

Question 4

Are private companies or non-profits?

Answer 4

Yes, to the extent they accept public funds and don’t segregate the funds.

Question 5

Are contractors?

Answer 5

Yes, UNLESS it’s a regular arms-length bargain (the gov’t imposes a specific and definite obligation to provide a measurable amount of service in exchange for a certain amount of money

Question 6

Computers / data manipulation?

Answer 6

No

Question 7

How quickly does the govt have to respond?

Answer 7

Within reasonable amount of time (10 days is a benchmark)

Question 8

Telephone requests?

Answer 8

No

Question 9

Can the govt ask questions to the requestor?

Answer 9

Only to clarify

Question 10

What if a legislator asks?

Answer 10

The govt has to provide the info, even if confidential

Question 11

Can the govt say no?

Answer 11

Only if it requests an OAG opinion within 10 days, unless there is a previous opinion on the same thing

Question 12

What if the info is privileged under rules of evidence or procedure?

Answer 12

It is exempted