PR: Mechanics Flashcards
Must LG copy requested records?
No. Just make them available for inspection.
May LG charge to make copies?
Yes. $.15 for 81/2 x 11. $.05 for 2-sided. More for maps.
When can public inspect?
Reasonable time, reasonable conditions.
What must custodian do if requested records are exempt?
Redact. Produce remainder.
State exemption, including the statutory citation.
Not dispose of for 30 days. If litig filed, until Ct Order.
Must custodian DETAIL its reason for exemption/confidential?
No, basis + citation UNLESS detail is requested by the document seeker.
How are exempt/confidential records reviewed in Court?
In camera. If found not exempt or confidential, Court orders immediate release.
Custodian asserts doc is not public. What is the timeframe that allows him to dispose?
How long must a custodian retain a requested ex/con record?
30 days aft date of written request.
If civil action instituted in that 30 day period, cannot dispose If statutorily set retainage time expires after request, hold for 30 days. If litig filed, hold until Ct Order.
What burden imposed on custodian, re: electronic access?
May be provided but must take reasonable precautions that recipient gets broader access or can modify the doc.
What fees can custodian charge for electronic access?
Direct and indirect costs after entering a contract w/ requester.
Can custodian charge for large volume requests?
Yes for extensive IT or clerical PLUS reasonable service charge IN ADDITION TO & based on the actual cost of duplication..
Can LG respond by filing a dec action - New 2021
NO! New per 119.07(9).
Cannot respond w/ dec action to determine if:
(a) Public (119.011) [material connected to off bus] or
(b) Exempt or confidential thus no discl. per 119.07(1).
Define ‘public record.’
• All materials made or received by LG or private entity
• Acting ‘on behalf of,’ in connection w/ the conduct of official business,
• When such materials are used to perpetuate, communicate, or formalize knowledge
• Are open for inspection & copying unless exempt.
Would an agency ever have to create a ‘new record.’?
No. Pull the records you have.
Would an agency ever have to answer questions about a record?
No, other than how to obtain + cost.
How retain? How retain exempt?
Retain all per Dept. of State schedule.
What if record request is too broad?
Can’t be denied.
What if record request is oral?
No requirement it be written.
What if requester won’t identify himself?
No requirement for requestor to identify himself.
Could a requestor place a ‘standing order’ for future records?
No.
What are the new risks to LG when it deems requested records exempt or confidential?
MECHANICS ----------- LG can't file a dec action. Risks are: 1) Disclose + Violate = Penalties (119.10). 2) Requester files dec + Violate = AF.
What are the risks to a Public Official in deeming a record exempt or confidential?
MECHANICS ----------- (1) UNKNOWINGLY: noncriminal = $500. (2) KNOWINGLY: 2nd deg misd = 60 days + $500 + removal. ----------- ~Confirmed. Sunshine violation = 286.011(3)(a) + (b) Misdemeanor = 775.082(4)(b) + 775.083(1)
What non-public party is subject to penalties for violating public records?
Public contractor.
What is a prerequisite requester must complete if it wants AF?
Give LG 5 days notice b/4 filing suit.
Can AF be assessed vs. indiv members of the Board?
Yes UNLESS the Board sought & followed atty advice.
If PL loses in t/c could AF be assessed against PL?
MECHANICS ----------- No UNLESS bad faith or frivolous. ----------- PL can't prove violation but was a reasonable inference, no AF.
Must Board pay for an indiv Board member’s AF?
Discretion to reimburse AFTER the case.
How much notice must a Special District give, re: its meetings?
Must post the AGENDA on its WEBSITE 7 days in advance.
How long must Special District maintain meeting info on its website?
1 year.
What’s the funny thing about how PR laws re: providing to requester,
1) Save LG time/effort but also
2) Cost LG time/effort?
———–
Hint: Money not being an issue since LG can charge.
MECHANICS
1) LG need only allow inspection. NO COPYING IS REQUIRED.
2) But if requested via mail, MUST Mail!!!
Why is directing PR requester to a website insufficient?
Electronic records are an ADDITIONAL means of providing
+
Insufficient if requester specified paper copies.
PR request received via anonymous. Requester intentionally deceptive. LG did not respond thinking it was phishing. Ruling?
LG wins.
Statute says records must be given to a ‘person’ and an anonymous em does not suffice.
