Records Management & FOIA Flashcards

A citizen requests access to a public record but refuses to identify themselves or state a purpose. Under most state open records laws, what must the municipality do?

Answer: Process the request without requiring identification or stated purpose

Most state open records laws do not require requestors to identify themselves or explain why they want public records — the right of access is not conditioned on purpose.

What distinguishes a 'public record' from a 'non-record' in municipal records management?

Answer: Public records document official activities and decisions; non-records are transitory or purely personal

Public records document official government activities and have legal, administrative, fiscal, or historical value, while non-records (e.g., drafts, junk mail, personal notes) do not meet this threshold.

Which of the following scenarios represents a proper use of a closed or executive session under open meetings law?

Answer: Deliberating on personnel matters involving a specific named employee

Closed sessions are typically authorized for personnel matters involving specific employees, pending litigation, real estate negotiations, and similar sensitive topics.

A records manager identifies a box of uncatalogued records with no retention designation. What is the correct first step?

Answer: Identify the record series and apply the appropriate retention schedule

Uncatalogued records must be identified and assigned to the correct record series so that the proper retention period can be applied before any disposition decision is made.

Under FOIA's attorney-client privilege exemption, which type of communication is most likely protected from disclosure?

Answer: A legal opinion memo from the city attorney advising the council on litigation strategy

Confidential legal advice from the city attorney to municipal officials regarding litigation strategy is protected by attorney-client privilege and qualifies as an exempt record.

What is the role of a 'records officer' or 'records coordinator' in a municipal department?

Answer: To coordinate the department's compliance with retention schedules and records management policies

A departmental records officer coordinates compliance with records management policies, maintains the department's records inventory, and liaises with the central records program.

Which action best demonstrates a municipality's proactive transparency under modern FOIA best practices?

Answer: Posting frequently requested records online before requests are made

Proactive disclosure — publishing commonly requested records online in advance — reduces the burden on both requestors and staff and reflects modern open government principles.