CMO Records Management & FOIA 5 — Questions and Answers
Question 1: 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?
- Require identification before processing the request
- Process the request without requiring identification or stated purpose (Correct answer)
- Deny the request on grounds of incomplete information
- Refer the requestor to the state attorney general
Correct 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.
Question 2: What distinguishes a 'public record' from a 'non-record' in municipal records management?
- Public records are always in paper format; non-records are digital
- Public records document official activities and decisions; non-records are transitory or purely personal (Correct answer)
- Public records require a fee to access; non-records are free
- Non-records are created by contractors, not government employees
Correct 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.
Question 3: Which of the following scenarios represents a proper use of a closed or executive session under open meetings law?
- Discussing the upcoming budget priorities with department heads
- Deliberating on personnel matters involving a specific named employee (Correct answer)
- Approving the consent agenda for routine items
- Receiving a public comment on a zoning variance
Correct 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.
Question 4: A records manager identifies a box of uncatalogued records with no retention designation. What is the correct first step?
- Immediately destroy the records to free up storage space
- Identify the record series and apply the appropriate retention schedule (Correct answer)
- Transfer the records to the state archives without review
- Seal the records for 25 years as a precautionary measure
Correct 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.
Question 5: Under FOIA's attorney-client privilege exemption, which type of communication is most likely protected from disclosure?
- A legal opinion memo from the city attorney advising the council on litigation strategy (Correct answer)
- A publicly issued legal notice about a code violation
- A contract between the city and a private law firm
- A court filing submitted on behalf of the municipality
Correct 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.
Question 6: What is the role of a 'records officer' or 'records coordinator' in a municipal department?
- To serve as the department's legal counsel for FOIA matters
- To coordinate the department's compliance with retention schedules and records management policies (Correct answer)
- To approve all public records requests before they reach the city clerk
- To conduct financial audits of records storage costs
Correct 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.
Question 7: Which action best demonstrates a municipality's proactive transparency under modern FOIA best practices?
- Responding to every request within 30 days regardless of complexity
- Posting frequently requested records online before requests are made (Correct answer)
- Charging requestors for the full cost of locating records
- Requiring notarized FOIA request forms
Correct 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.
CMO Records Management & FOIA 5
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?