Compare one outline point across multiple states.
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FOREWORD
OPEN RECORDS
I. STATUTE -- BASIC APPLICATION
A. Who can request records?
1. Status of requestor.
2. Purpose of request.
3. Use of records.
B. Whose records are and are not subject to the act?
1. Executive branch.
a. Records of the executives themselves
b. Records of certain but not all functions
2. Legislative bodies.
3. Courts.
4. Nongovernmental bodies
a. Bodies receiving public funds or benefits.
b. Bodies whose members include governmental officials.
5. Multi-state or regional bodies.
6. Advisory boards and commissions, quasi-governmental entities.
7. Others
C. What records are and are not subject to the act?
1. What kind of records are covered?
2. What physical form of records are covered?
3. Are certain records available for inspection but not copying?
D. Fee provisions or practices.
1. Levels or limitations on fees.
2. Particular fee specifications or provisions.
a. Search.
b. Duplication.
c. Other.
3. Provisions for fee waivers.
4. Requirements or prohibitions regarding advance payment.
5. Have agencies imposed prohibitive fees to discourage requesters?
E. Who enforces the act?
1. Attorney General's role.
2. Availability of an ombudsman.
3. Commission or agency enforcement.
F. Are there sanctions for noncompliance?
II. EXEMPTIONS AND OTHER LEGAL LIMITATIONS.
A. Exemptions in the open records statute.
1. Character of exemptions.
a. General or specific.
b. Mandatory or discretionary.
c. Patterned after federal Freedom of Information Act?
2. Discussion of each exemption.
B. Other statutory exclusions.
C. Court-derived exclusions, prohibitions, privileges.
D. Are segregable portions of records available?
E. Homeland Security Measures.
III. STATE LAW ON ELECTRONIC RECORDS
A. Can the requester choose a format for receiving records?
B. Can the requester obtain a customized search of computer databases to fit particular needs?
C. Does the existence of information in electronic format affect its openness?
D. How is e-mail treated?
E. Is software public?
F. How are fees for electronic records assessed?
G. Money-making schemes
1. Revenues.
2. Geographic Information Systems.
H. On-line dissemination
IV. RECORD CATEGORIES -- OPEN OR CLOSED.
A. Autopsy reports.
B. Bank records.
C. Business records, financial data, trade secrets.
D. Contracts, proposals and bids.
E. Collective bargaining records.
F. Coroners reports.
G. Election records.
H. Gun permits.
I. Hospital reports.
J. Personnel records.
1. Salary.
2. Disciplinary records.
3. Applications.
4. Other.
K. Police records.
1. Accident reports.
2. Police blotter.
3. 911 tapes.
4. Investigatory records.
a. Rules for active investigations
b. Rules for closed investigations
5. Arrest records.
6. Compilations of criminal histories.
7. Victims.
8. Confessions.
9. Confidential informants.
10. Police techniques.
11. Mug shots.
L. Prison, parole and probation reports.
M. Public utility records.
N. Real estate appraisals, negotiations.
O. School and university records.
1. Athletic records.
2. Trustee records.
3. Student records.
4. Other.
P. Vital statistics.
1. Birth certificates.
2. Marriage & divorce.
3. Death certificates.
V. PROCEDURE FOR OBTAINING RECORDS.
A. How to start.
1. Who receives a request?
2. Does the law cover oral requests?
a. Arrangements to inspect & copy
b. If an oral request is denied:
(1). How does the requester memorialize the refusal?
(2). Do subsequent steps need to be in writing?
3. Contents of a written request.
a. Description of the records.
b. Need to address fee issues.
c. Plea for quick response.
d. Can the request be for future records?
e. Other.
B. How long to wait.
1. Statutory, regulatory or court-set time limits for agency response.
2. Informal telephone inquiry as to status.
3. Is delay recognized as a denial for appeal purposes?
4. Any other recourse to encourage a response.
C. Administrative appeal.
1. Time limit.
2. To whom is an appeal directed?
a. Individual agencies.
b. A state commission or ombudsman.
c. State attorney general.
3. Fee issues.
4. Contents of appeal letter.
a. Description of records or portions of records denied
b. Refuting the reasons for denial.
5. Waiting for a response.
6. Subsequent remedies.
D. Court action.
1. Who may sue?
2. Priority.
3. Pro se.
4. Issues the court will address:
a. Denial.
b. Fees for records.
c. Delays.
d. Patterns for future access (declaratory judgment).
5. Pleading format.
6. Time limit for filing suit.
7. What court.
8. Judicial remedies available.
9. Costs and attorneys fees.
10. Fines.
11. Other penalties.
12. Settlement, pros and cons.
E. Appealing initial court decisions.
1. Appeal routes.
2. Time limits for filing appeals.
3. Contact of interested amici.
F. Addressing government suits against disclosure.
OPEN MEETINGS
I. STATUTE - BASIC APPLICATION.
A. Who may attend?
B. What governments are subject to the law?
1. State.
2. County.
3. Local or municipal.
C. What bodies are covered by the law?
1. Executive branch agencies.
a. What officials are covered?
b. Are certain executive functions covered?
c. Are only certain agencies subject to the act?
2. Legislative bodies.
3. Courts.
4. Nongovernmental bodies receiving public funds or benefits.
5. Nongovernmental groups whose members include governmental officials.
6. Multi-state or regional bodies.
7. Advisory boards and commissions, quasi-governmental entities.
8. Other bodies to which governmental or public functions are delegated.
9. Appointed as well as elected bodies.
D. What constitutes a meeting subject to the law.
1. Number that must be present
a. Must a minimum number be present to constitute a "meeting"?
b. What effect does absence of a quorum have?
2. Nature of business subject to the law.
a. "Information gathering" and "fact-finding" sessions.
b. Deliberations toward decisions.
3. Electronic meetings.
a. Conference calls.
b. E-mail.
E. Categories of meetings subject to the law.
1. Regular meetings.
a. Definition.
b. Notice.
(1). Time limit for giving notice.
(2). To whom notice is given.
(3). Where posted.
(4). Public agenda items required.
(5). Other information required in notice.
(6). Penalties and remedies for failure to give adequate notice.
c. Minutes.
(1). Information required.
(2). Are minutes public record?
2. Special or emergency meetings.
a. Definition.
b. Notice requirements.
(1). Time limit for giving notice.
(2). To whom notice is given.
(3). Where posted.
(4). Public agenda items required.
(5). Other information required in notice.
(6). Penalties and remedies for failure to give adequate notice.
c. Minutes.
(1). Information required.
(2). Are minutes public record?
3. Closed meetings or executive sessions.
a. Definition.
b. Notice requirements.
(1). Time limit for giving notice.
(2). To whom notice is given.
(3). Where posted.
(4). Public agenda items required.
(5). Other information required in notice.
(6). Penalties and remedies for failure to give adequate notice.
c. Minutes.
(1). Information required.
(2). Are minutes public record?
d. Requirement to meet in public before closing meeting.
e. Requirement to state statutory authority for closing meetings before closure.
f. Tape recording requirements.
F. Recording/broadcast of meetings.
1. Sound recordings allowed.
2. Photographic recordings allowed.
G. Are there sanctions for noncompliance?
II. EXEMPTIONS AND OTHER LEGAL LIMITATIONS.
A. Exemptions in the open meetings statute.
1. Character of exemptions.
a. General or specific.
b. Mandatory or discretionary closure.
2. Description of each exemption.
B. Any other statutory requirements for meetings.
C. Court mandated opening, closing.
III. MEETING CATEGORIES -- OPEN OR CLOSED.
A. Adjudications by administrative bodies.
1. Deliberations closed, but not fact-finding.
2. Only certain adjudications closed?
B. Budget sessions.
C. Business and industry relations.
D. Federal programs.
E. Financial data of public bodies.
F. Financial data, trade secrets or proprietary data.
G. Gifts, trusts and honorary degrees.
H. Grand jury testimony by public employees.
I. Licensing examinations.
J. Litigation or other attorney-client privileges.
K. Negotiations and collective bargaining of employees
1. Any sessions regarding collective bargaining.
2. Only those between the public employees and the public body.
L. Parole board meetings
M. Patients; discussions on individual patients.
N. Personnel matters.
1. Interviews for public employment.
2. Disciplinary matters, performance or ethics of public employees.
3. Dismissal; considering dismissal of public employees.
O. Real estate negotiations.
P. Security of buildings, personnel or other.
Q. Students; discussions on individual students.
IV. PROCEDURE FOR ASSERTING RIGHT OF ACCESS.
A. When to challenge.
1. Does the law provide expedited procedure for reviewing request to attend upcoming meetings?
2. When barred from attending.
3. To set aside decision.
4. For ruling on future meetings.
5. Other.
B. How to start.
1. Where to ask for ruling.
a. Administrative forum.
(1). Agency procedure for challenge.
(2). Commission or independent agency.
b. State attorney general.
c. Court.
2. Applicable time limits.
3. Contents of request for ruling.
4. How long should you wait for a response?
5. Are subsequent or concurrent measures (formal or informal) available?
C. Court review of administrative decision.
1. Who may sue?
2. Will the court give priority to the pleading?
3. Pro se possibility, advisability.
4. What issues will the court address?
a. Open the meeting.
b. Invalidate the decision.
c. Order future meetings open.
5. Pleading format.
6. Time limit for filing suit.
7. What court.
8. Judicial remedies available.
9. Availability of court costs and attorneys fees.
10. Fines.
11. Other penalties.
D. Appealing initial court decisions.
1. Appeal routes.
2. Time limits for filing appeals.
3. Contact of interested amici.
V. ASSERTING A RIGHT TO COMMENT.
A. Is there a right to participate in public meetings?
B. Must a commenter give notice of intentions to comment?
C. Can a public body limit comment?
D. How can a participant assert rights to comment?
E. Are there sanctions for unapproved comment?
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