CMO Records Management & FOIA 4

Question 1

A city council member asks the city clerk to withhold meeting minutes from public access. What is the clerk's proper response?

Accepted Answer

Decline and explain that adopted meeting minutes are public records subject to disclosure

Answer

Adopted meeting minutes are public records and the clerk has a legal duty to maintain and provide access to them regardless of political pressure.

Question 2

Which term describes records that document the organization, functions, policies, and decisions of a government entity and have enduring value?

Accepted Answer

Archival or permanent records

Answer

Archival or permanent records have enduring administrative, legal, fiscal, or historical value and must be preserved indefinitely.

Question 3

Under FOIA, what is the 'Glomar response'?

Accepted Answer

A response that neither confirms nor denies the existence of certain records

Answer

A Glomar response neither confirms nor denies the existence of records when confirming their existence would itself reveal exempt information, such as classified intelligence.

Question 4

When must a municipality produce records in a specific format requested by a FOIA requestor?

Accepted Answer

When the records exist in that format and production is not burdensome

Answer

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.

Question 5

What is the purpose of a 'litigation hold' in a municipal records management program?

Accepted Answer

To suspend normal disposition of records that are relevant to anticipated or active litigation

Answer

A litigation hold requires the municipality to suspend routine destruction or disposal of records that may be relevant to existing or anticipated legal proceedings.

(CMO) Certified Municipal Officer Practice Test

(CMO) Certified Municipal Officer Practice Test

CMO Records Management & FOIA 4