PR: Mechanics

Question 1

Must LG copy requested records?

Answer 1

No. Avail for Citizen to inspect & copy. Or pay us to copy.
———–
119.01 General state policy on public records.—
(1) It is the policy of this state that all . . . records are open for . . . inspection and copying by any person. Providing access to public records is a duty of each agency.

Question 2

May LG charge to make copies?

Answer 2

Yes. $.15 for 81/2 x 11. $.05 for 2-sided. More for maps.

Question 3

When can public inspect?

Answer 3

Reasonable time, reasonable conditions.

Question 4

What must custodian do if requested records are exempt?

Answer 4

Redact. Produce remainder.
State exemption, including the statutory citation.
Not dispose of for 30 days. If litig filed, until Ct Order.

Question 5

Must custodian DETAIL its reason for exemption/confidential?

Answer 5

No, basis + citation UNLESS detail is requested by the document seeker.

Question 6

How are exempt/confidential records reviewed in Court?

Answer 6

In camera. If found not exempt or confidential, Court orders immediate release.

Question 7

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?

Answer 7

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.

Question 8

What burden imposed on custodian, re: electronic access?

Answer 8

May be provided but must take reasonable precautions that recipient gets broader access or can modify the doc.

Question 9

What fees can custodian charge for electronic access?

Answer 9

Direct and indirect costs after entering a contract w/ requester.

Question 10

Can custodian charge for large volume requests?

Answer 10

Yes for extensive IT or clerical PLUS reasonable service charge IN ADDITION TO & based on the actual cost of duplication..

Question 11

Can LG respond by filing a dec action - New 2021

Answer 11

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).

Question 12

Define ‘public record.’

Answer 12

• 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.

Question 13

Would an agency ever have to create a ‘new record.’?

Answer 13

No. Pull the records you have.

Question 14

Would an agency ever have to answer questions about a record?

Answer 14

No, other than how to obtain + cost.

Question 15

How retain? How retain exempt?

Answer 15

Retain all per Dept. of State schedule.

Question 16

What if record request is too broad?

Answer 16

Can’t be denied.

Question 17

What if record request is oral?

Answer 17

No requirement it be written.

Question 18

What if requester won’t identify himself?

Answer 18

No requirement for requestor to identify himself.

Question 19

Could a requestor place a ‘standing order’ for future records?

Answer 19

No.

Question 20

What are the new risks to LG when it deems requested records exempt or confidential?

Answer 20

MECHANICS
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LG can't file a dec action.  Risks are:
1)  Disclose + Violate = Penalties (119.10).
2)  Requester files dec + Violate = AF.

Question 21

What are the risks to a Public Official in deeming a record exempt or confidential?

Answer 21

MECHANICS
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(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)

Question 22

What non-public party is subject to penalties for violating public records?

Answer 22

Public contractor.

Question 23

What is a prerequisite public records requester must complete if it wants AF?

Answer 23

Give LG 5 days notice b/4 filing suit.

Question 24

Can AF be assessed vs. indiv members of the Board?

Answer 24

Yes UNLESS the Board sought & followed atty advice.

Question 25

If PL loses in t/c could AF be assessed against PL?

Answer 25

MECHANICS
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No UNLESS bad faith or frivolous.
-----------
PL can't prove violation but was a reasonable inference, no AF.

Question 26

Must Board pay for an indiv Board member’s AF?

Answer 26

Discretion to reimburse AFTER the case.

Question 27

How much notice must a Special District give, re: its meetings?

Answer 27

Must post the AGENDA on its WEBSITE 7 days in advance.

Question 28

How long must Special District maintain meeting info on its website?

Answer 28

1 year.

Question 29

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.

Answer 29

MECHANICS

1) LG need only allow inspection. NO COPYING IS REQUIRED.

2) But if requested via mail, MUST Mail!!!

Question 30

Why is directing PR requester to a website insufficient?

Answer 30

Electronic records are an ADDITIONAL means of providing
+
Insufficient if requester specified paper copies.

Question 31

PR request received via anonymous. Requester intentionally deceptive. LG did not respond thinking it was phishing. Ruling?

Answer 31

LG wins.
Statute says records must be given to a ‘person’ and an anonymous em does not suffice.

Question 32

Nifty 4 part phrase to memorize re: what records, can be accessed?

Answer 32

MECHANICS

1) All docs, sound recordings, data processing software,
2) Or other regardless of form
3) Made or received in connection w/ official business
4) Used to perpetuate, communicate or formalize knowledge.

Question 33

What 2 tests are suggested for deciding if private corp is subject to PR laws?

Answer 33

MECHANICS

(1) Totality of Factors
- –
(2) Delegation of Function