CMC Public Records & FOIA Requests 2 — Questions and Answers
Question 1: Under FOIA, when a requester asks for records in a specific format (e.g., electronic), what is the agency's general obligation?
- The agency must always provide records in the requested format
- The agency should provide records in the requested format if readily reproducible in that form (Correct answer)
- The agency may ignore format requests and provide paper copies only
- The agency must convert all records to electronic format regardless of cost
Correct 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.
Question 2: Which of the following records is typically EXEMPT from disclosure under FOIA's Exemption 6?
- Budget appropriations approved by the city council
- Personal information in personnel and medical files where disclosure would constitute a clearly unwarranted invasion of privacy (Correct answer)
- Meeting minutes of public sessions
- Annual financial audit reports
Correct 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.
Question 3: A municipal clerk receives a FOIA request with no name or return address. What is the proper course of action?
- Immediately deny the request because identification is required
- Process the request because FOIA does not require requesters to identify themselves (Correct answer)
- Refer the request to the city attorney and take no action
- Return the request unanswered and wait 30 days before discarding
Correct 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.
Question 4: What is a 'Vaughn index' in the context of FOIA litigation?
- A registry of all FOIA requests received by an agency in a calendar year
- A detailed list correlating withheld documents with specific FOIA exemptions claimed (Correct answer)
- A schedule of fees charged for document retrieval and copying
- An index of all publicly available government databases
Correct 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.
Question 5: Under most state open records laws, which type of record is MOST likely to be categorically exempt from disclosure?
- Approved zoning ordinances
- Ongoing criminal investigation records that could compromise the investigation (Correct answer)
- City council meeting agendas
- Approved budget documents
Correct 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.
Question 6: A city receives a FOIA request for emails between the mayor and the city attorney regarding pending litigation. Which exemption is MOST applicable?
- Exemption 1 – National Security
- Exemption 5 – Attorney-Client Privilege / Deliberative Process (Correct answer)
- Exemption 7 – Law Enforcement Records
- Exemption 4 – Trade Secrets
Correct 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.
Question 7: What does the principle of 'segregability' require agencies to do when responding to a FOIA request?
- Separate requests from different individuals into different case files
- Disclose reasonably segregable non-exempt portions of records even if parts are withheld (Correct answer)
- Keep all exempt and non-exempt records together to maintain file integrity
- Segregate physical paper records from electronic records before processing
Correct 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.
CMC Public Records & FOIA Requests 2
Under FOIA, when a requester asks for records in a specific format (e.g., electronic), what is the agency's general obligation?