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Public Records & FOIA Requests Flashcards

7 cards from real CMC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Public Records & FOIA Requests flashcards as text
  1. Under FOIA, when a requester asks for records in a specific format (e.g., electronic), what is the agency's general obligation?

    Answer: The agency should provide records in the requested format if readily reproducible in that form

    FOIA requires agencies to provide records in the requested format if the records are readily reproducible in that form.

  2. Which of the following records is typically EXEMPT from disclosure under FOIA's Exemption 6?

    Answer: Personal information in personnel and medical files where disclosure would constitute a clearly unwarranted invasion of privacy

    Exemption 6 protects personal information in personnel and medical files when disclosure would constitute a clearly unwarranted invasion of personal privacy.

  3. A municipal clerk receives a FOIA request with no name or return address. What is the proper course of action?

    Answer: Process the request because FOIA does not require requesters to identify themselves

    FOIA does not require requesters to identify themselves or state a reason for their request, so anonymous requests must be processed.

  4. What is a 'Vaughn index' in the context of FOIA litigation?

    Answer: A detailed list correlating withheld documents with specific FOIA exemptions claimed

    A Vaughn index is a document-by-document itemization that correlates withheld records with the specific exemptions claimed, required in FOIA litigation.

  5. Under most state open records laws, which type of record is MOST likely to be categorically exempt from disclosure?

    Answer: Ongoing criminal investigation records that could compromise the investigation

    Ongoing criminal investigation records are commonly exempt because disclosure could compromise the investigation or endanger witnesses.

  6. A city receives a FOIA request for emails between the mayor and the city attorney regarding pending litigation. Which exemption is MOST applicable?

    Answer: Exemption 5 – Attorney-Client Privilege / Deliberative Process

    Exemption 5 covers attorney-client privilege and the deliberative process privilege, protecting legal communications about pending litigation.

  7. What does the principle of 'segregability' require agencies to do when responding to a FOIA request?

    Answer: Disclose reasonably segregable non-exempt portions of records even if parts are withheld

    Segregability requires agencies to release any reasonably separable non-exempt portions of a document even if other parts qualify for exemption.