CMC Public Records & FOIA Requests 3 — Questions and Answers
Question 1: 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?
- Deny the request immediately as overly burdensome
- Provide an estimated cost and ask the requester to confirm, modify, or withdraw the request (Correct answer)
- Begin processing all records without notifying the requester of costs
- Forward the request to the state attorney general for guidance
Correct 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.
Question 2: Which of the following is the CORRECT description of a 'news media requester' for FOIA fee category purposes?
- Any person who works for a television or radio station
- A person who gathers information of potential public interest to disseminate it to the public through a news organization (Correct answer)
- Any requester who states they intend to publish the documents
- A government contractor producing press releases for a public agency
Correct 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.
Question 3: Under FOIA, what must an agency include in its response when it denies all or part of a request?
- Only the total number of pages withheld
- The specific exemption(s) relied upon and information about the right to appeal (Correct answer)
- A list of all documents reviewed but not withheld
- A certification that no responsive records were destroyed
Correct 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.
Question 4: What is the standard timeframe under federal FOIA for an agency to respond to an initial records request?
- 10 business days
- 20 business days (Correct answer)
- 30 calendar days
- 60 calendar days
Correct answer: 20 business days
Federal FOIA requires agencies to respond to initial requests within 20 business days, with limited exceptions for unusual circumstances.
Question 5: 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?
- The requester must file a second appeal before going to court
- The requester may seek judicial review in federal district court without exhausting further administrative remedies (Correct answer)
- The requester must wait an additional 30 days before any action
- The requester's right to appeal is forfeited due to the delay
Correct 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.
Question 6: Which of the following BEST describes a 'proactive disclosure' under FOIA?
- An agency disclosing records only in response to a formal written request
- An agency voluntarily publishing records online that are likely to be of public interest without waiting for a request (Correct answer)
- An agency disclosing records to another government agency during inter-agency review
- An agency releasing emergency information during a natural disaster
Correct 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.
Question 7: 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?
- Deny the request because the records are not in the clerk's possession
- Forward or refer the request to the appropriate department and notify the requester (Correct answer)
- Instruct the requester to submit a new request directly to the other department
- Collect the records from the other department without notifying the requester
Correct 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.
CMC Public Records & FOIA Requests 3
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?