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Prepared by:
Kevin T. Baine, Esq.
Adam L. Perlman, Esq.
WILLIAMS & CONNOLLY LLP
725 12th Street, N.W.
Washington, D.C. 20005
(202) 434-5000
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FOREWORD |
Open Records |
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I. |
STATUTE -- BASIC APPLICATION |
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A. |
Who can request records? |
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1. |
Status of requestor. |
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2. |
Purpose of request. |
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3. |
Use of records. |
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B. |
Whose records are and are not subject to the act? |
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1. |
Executive branch. |
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a. |
Records of the executives themselves. |
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b. |
Records of certain but not all functions. |
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2. |
Legislative bodies. |
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3. |
Courts. |
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4. |
Nongovernmental bodies. |
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a. |
Bodies receiving public funds or benefits. |
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b. |
Bodies whose members include governmental officials. |
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5. |
Multi-state or regional bodies. |
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6. |
Advisory boards and commissions, quasi-governmental entities. |
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C. |
What records are and are not subject to the act? |
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1. |
What kind of records are covered? |
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2. |
What physical form of records are covered? |
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3. |
Are certain records available for inspection but not copying? |
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D. |
Fee provisions or practices. |
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1. |
Levels or limitations on fees. |
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2. |
Particular fee specifications or provisions. |
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a. |
Search. |
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b. |
Duplication. |
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c. |
Other. |
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3. |
Provisions for fee waivers. |
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4. |
Requirements or prohibitions regarding advance payment. |
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5. |
Have agencies imposed prohibitive fees to discourage requesters? |
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E. |
Who enforces the act? |
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1. |
Attorney General's role. |
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2. |
Availability of an ombudsman. |
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3. |
Commission or agency enforcement. |
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F. |
Are there sanctions for noncompliance? |
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II. |
EXEMPTIONS AND OTHER LEGAL LIMITATIONS |
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A. |
Exemptions in the open records statute. |
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1. |
Character of exemptions. |
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a. |
General or specific? |
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b. |
Mandatory or discretionary? |
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c. |
Patterned after federal Freedom of Information Act? |
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2. |
Discussion of each exemption. |
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B. |
Other statutory exclusions. |
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C. |
Court-derived exclusions, common law prohibitions, recognized privileges against disclosure. |
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D. |
Are segregable portions of records containing exempt material available? |
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E. |
Homeland Security Measures. |
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III. |
STATE LAW ON ELECTRONIC RECORDS |
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A. |
Can the requester choose a format for receiving records? |
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B. |
Can the requester obtain a customized search of computer databases to fit particular needs? |
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C. |
Does the existence of information in electronic format affect its openness? |
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D. |
How is e-mail treated? |
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E. |
Is software public? |
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F. |
How are fees for electronic records assessed? |
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G. |
Money-making schemes. |
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H. |
On-line dissemination. |
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IV. |
RECORD CATEGORIES -- OPEN OR CLOSED |
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A. |
Autopsy reports. |
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B. |
Bank records. |
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C. |
Business records, financial data, trade secrets. |
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D. |
Contracts, proposals and bids. |
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E. |
Collective bargaining records. |
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F. |
Coroners reports. |
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G. |
Election records. |
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H. |
Gun permits. |
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I. |
Hospital reports. |
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J. |
Personnel records. |
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1. |
Salary. |
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2. |
Disciplinary records. |
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3. |
Applications. |
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K. |
Police records. |
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L. |
Prison, parole and probation reports. |
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M. |
Public utility records. |
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N. |
Real estate appraisals, negotiations. |
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O. |
School and university records. |
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P. |
Vital statistics. |
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V. |
PROCEDURE FOR OBTAINING RECORDS |
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A. |
How to start. |
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1. |
Who receives a request? |
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2. |
Does the law cover oral requests? |
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3. |
Contents of a written request. |
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a. |
Description of the records. |
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b. |
Need to address fee issues. |
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c. |
Plea for quick response. |
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d. |
Can the request be for future records? |
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e. |
Other. |
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B. |
How long to wait. |
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1. |
Statutory, regulatory or court-set time limits for agency response. |
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2. |
Informal telephone inquiry as to status. |
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3. |
Is delay recognized as a denial for appeal purposes? |
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4. |
Any other recourse to encourage a response. |
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C. |
Administrative appeal. |
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1. |
Time limit. |
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2. |
To whom is an appeal directed? |
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3. |
Fee issues. |
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4. |
Contents of appeal letter. |
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a. |
Description of records or portions of records denied. |
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b. |
Refuting the reasons for denial. |
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5. |
Waiting for a response. |
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6. |
Subsequent remedies. |
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D. |
Court action. |
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1. |
Who may sue? |
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2. |
Priority. |
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3. |
Pro se. |
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4. |
Issues the court will address: |
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5. |
Pleading format. |
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6. |
Time limit for filing suit. |
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7. |
What court. |
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8. |
Judicial remedies available. |
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9. |
Costs and attorneys' fees. |
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10. |
Fines. |
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11. |
Other penalties. |
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12. |
Settlement, pros and cons. |
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E. |
Appealing initial court decisions. |
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1. |
Appeal routes. |
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2. |
Time limits for filing appeals. |
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3. |
Contact of interested amici. |
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F. |
Addressing government suits against disclosure. |
Open Meetings |
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I. |
STATUTE -- BASIC APPLICATION. |
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A. |
Who may attend? |
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B. |
What governments are subject to the law? |
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C. |
What bodies are covered by the law? |
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D. |
What constitutes a meeting subject to the law. |
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E. |
Categories of meetings subject to the law. |
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F. |
Recording/broadcast of meetings. |
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G. |
Are there sanctions for noncompliance? |
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II. |
EXEMPTIONS AND OTHER LEGAL LIMITATIONS |
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III. |
MEETING CATEGORIES -- OPEN OR CLOSED. |
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IV. |
PROCEDURE FOR ASSERTING RIGHT OF ACCESS |
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V. |
ASSERTING A RIGHT TO COMMENT. |
Statutes |