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
A requester submits a FOIA request for all emails of a city employee over the past five years. The city estimates the search will take 200 hours. What is the BEST initial step?
Answer: Provide an estimated cost and ask the requester to confirm, modify, or withdraw the request
Agencies should notify the requester of estimated fees so the requester can decide whether to proceed, narrow the request, or withdraw it.
Which of the following is the CORRECT description of a 'news media requester' for FOIA fee category purposes?
Answer: A person who gathers information of potential public interest to disseminate it to the public through a news organization
A news media requester gathers information of potential public interest and disseminates it to the public through a qualifying news organization.
Under FOIA, what must an agency include in its response when it denies all or part of a request?
Answer: The specific exemption(s) relied upon and information about the right to appeal
A FOIA denial must cite the specific exemption(s) relied upon and inform the requester of their right to appeal the decision.
What is the standard timeframe under federal FOIA for an agency to respond to an initial records request?
Answer: 20 business days
Federal FOIA requires agencies to respond to initial requests within 20 business days, with limited exceptions for unusual circumstances.
A requester is denied access to a record and files an administrative appeal. The agency fails to respond within the required timeframe. What right does the requester now have?
Answer: The requester may seek judicial review in federal district court without exhausting further administrative remedies
Constructive exhaustion occurs when an agency misses the appeal deadline, allowing the requester to immediately seek judicial review.
Which of the following BEST describes a 'proactive disclosure' under FOIA?
Answer: An agency voluntarily publishing records online that are likely to be of public interest without waiting for a request
Proactive disclosure means agencies publish frequently requested and publicly useful records online without waiting for individual FOIA requests.
A municipal clerk's office receives a FOIA request for records that are maintained by a different city department. What is the MOST appropriate action?
Answer: Forward or refer the request to the appropriate department and notify the requester
Best practice is to refer the request to the department that maintains the records and notify the requester so they can track the request.