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
Under open meetings laws, what is typically required before a public body enters into a closed (executive) session?
Answer: A majority vote and a statement of the specific legal reason for the closed session
Most open meetings laws require a majority vote and a public announcement citing the specific statutory authority for entering into closed session.
A city employee leaks confidential personnel records in response to an informal public inquiry. Which principle has MOST likely been violated?
Answer: Privacy protections for personnel records under applicable exemptions
Personnel records contain protected personal information, and unauthorized informal disclosure violates privacy exemptions in open records laws.
What is the purpose of a FOIA 'reading room' (physical or electronic)?
Answer: A location where agencies make frequently requested records and certain required materials available for public inspection without a formal request
FOIA reading rooms (including electronic ones) make frequently requested and required materials available to the public without the need to file formal requests.
Which of the following BEST describes 'fee waiver' eligibility under FOIA?
Answer: Requesters who demonstrate disclosure is in the public interest and not primarily for commercial benefit may qualify
Fee waivers are granted when disclosure is likely to contribute significantly to public understanding of government operations and is not primarily in the commercial interest of the requester.
A city clerk discovers that certain records responsive to a FOIA request were routinely destroyed pursuant to an approved records retention schedule before the request was received. What should the clerk do?
Answer: Inform the requester that no records responsive to their request currently exist and explain why
If records were lawfully destroyed before the request was received, the agency must notify the requester that no responsive records exist and explain the circumstances.
Under federal FOIA, which category of requester is charged only for duplication costs (not search or review)?
Answer: Educational and noncommercial scientific institution requesters
Educational and noncommercial scientific institution requesters are only charged for document duplication, not for the time spent searching or reviewing records.
What does a 'litigation hold' (also called a legal hold) require an organization to do?
Answer: Suspend normal records destruction and preservation schedules for documents potentially relevant to anticipated or ongoing litigation
A litigation hold requires suspending the routine destruction of records that may be relevant to anticipated or active litigation to preserve evidence.