Records Management & FOIA Flashcards
7 cards from real CMO practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Records Management & FOIA flashcards as text
A city council member asks the city clerk to withhold meeting minutes from public access. What is the clerk's proper response?
Answer: Decline and explain that adopted meeting minutes are public records subject to disclosure
Adopted meeting minutes are public records and the clerk has a legal duty to maintain and provide access to them regardless of political pressure.
Which term describes records that document the organization, functions, policies, and decisions of a government entity and have enduring value?
Answer: Archival or permanent records
Archival or permanent records have enduring administrative, legal, fiscal, or historical value and must be preserved indefinitely.
Under FOIA, what is the 'Glomar response'?
Answer: A response that neither confirms nor denies the existence of certain records
A Glomar response neither confirms nor denies the existence of records when confirming their existence would itself reveal exempt information, such as classified intelligence.
When must a municipality produce records in a specific format requested by a FOIA requestor?
Answer: When the records exist in that format and production is not burdensome
Many FOIA laws require agencies to provide records in the requested format if they already exist in that format and production is not unduly burdensome.
What is the purpose of a 'litigation hold' in a municipal records management program?
Answer: To suspend normal disposition of records that are relevant to anticipated or active litigation
A litigation hold requires the municipality to suspend routine destruction or disposal of records that may be relevant to existing or anticipated legal proceedings.
A municipal officer receives a FOIA request for the personal cell phone records of the city manager used to conduct city business. Are these records subject to disclosure?
Answer: Yes, records of public business are subject to FOIA regardless of the device used
Courts have consistently held that public business conducted on personal devices creates public records subject to FOIA, regardless of device ownership.
Which of the following is the best practice for managing electronic records to ensure long-term accessibility?
Answer: Use open, non-proprietary formats and migrate records as technology evolves
Open formats and periodic migration prevent records from becoming inaccessible due to software obsolescence, a key challenge in long-term electronic records management.