Check this page regularly for a collection of the most interesting and informative articles related to public records issues.

When ‘reasonable’ costs for public records become unreasonable
Celia Ffrench Celia Ffrench

When ‘reasonable’ costs for public records become unreasonable

The Legislature wrote Iowa’s public records law 55 years ago, and one of the tenets of the statute was the belief people deserve to know how state and local governments spend their tax money. Another important concept in the law is that fees for copies of government records must be reasonable and cannot exceed the actual cost of providing the documents.

That brings us today to Kirkwood Community College in Cedar Rapids, where administrators appear not to grasp what “reasonable” means.

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Utah lawyers volunteer to help Salt Lake Tribune journalists get public records
Celia Ffrench Celia Ffrench

Utah lawyers volunteer to help Salt Lake Tribune journalists get public records

Michael O’Brien, an attorney with Parsons Behle & Latimer, has represented The Tribune for years. He said having a lawyer in the room during the appeals process levels the playing field for journalists. Every government entity that Tribune reporters try to get records from, O’Brien pointed out, has access to in-house lawyers, city attorneys or help from the attorney general’s office.

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RCFP’s Local Legal Initiative powers investigative reporting and chips away at culture of secrecy in state, local government
Celia Ffrench Celia Ffrench

RCFP’s Local Legal Initiative powers investigative reporting and chips away at culture of secrecy in state, local government

The impact of these court victories has, at times, been broad in scope, helping shape laws and change city policies in favor of greater government transparency. But the Local Legal Initiative attorneys’ work has not been limited to the filings they have submitted to courts or the arguments they have made before judges.

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Federal court leaders agree to refund fees for online records
Celia Ffrench Celia Ffrench

Federal court leaders agree to refund fees for online records

Three nonprofits accused the judiciary in 2016 of overcharging to review and download records through the service known as PACER, an acronym for Public Access to Court Electronic Records. The agreement, which must be approved by a federal judge in Washington, mainly would refund up to $350 for fees paid between April 2010 and May 2018. Users who paid more during that period would receive an additional share of the remaining funds.

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First Amendment access returned to court records throughout Florida
Celia Ffrench Celia Ffrench

First Amendment access returned to court records throughout Florida

But on Wednesday, after a six-year legal saga, a federal judge entered an order that set in legal concrete an agreement between this news service and the Florida e-filing authority that returns public access to new complaints when they cross the virtual counter, bringing the state courts back in line with how they used to be in the time of paper.

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Website aims to make pollution permit information more accessible in Houston
Celia Ffrench Celia Ffrench

Website aims to make pollution permit information more accessible in Houston

But in practice, the Texas Commission on Environmental Quality’s site is more byzantine than inviting. It lists permit applications from across the state on separate pages for air pollution, industrial and hazardous waste, municipal solid waste, radioactive materials, underground injections and water pollution. And to see a project’s location, readers must open an attached PDF, which also lists proposed pollutants like “NOX,” “PM/PM10,” “VOC” and “H2S.”

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Chicago Taxpayers Could Be on the Hook for 6-Figure Penalty in Public Records Dispute
Celia Ffrench Celia Ffrench

Chicago Taxpayers Could Be on the Hook for 6-Figure Penalty in Public Records Dispute

"Over and over again, the city engaged in a pattern of hiding information, first about the underlying incident and then about how it handled the request for records," said attorney Matt Topic, who is part of the legal team that sued for the materials. They're now seeking penalties, which are allowed under Illinois' public records law to discourage violations.

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American Journalism Project announces transformative grants to four nonprofit news organizations
Celia Ffrench Celia Ffrench

American Journalism Project announces transformative grants to four nonprofit news organizations

Block Club Chicago, founded in 2018 by Shamus Toomey (former managing editor of DNAinfo Chicago, and metro editor at the Chicago Sun-Times), Jen Sabella (former deputy editor at DNAinfo Chicago), and Stephanie Lulay (former senior editor at DNAinfo Chicago), focuses their work around reporters who are assigned to, and often based in, specific neighborhoods, rather than on topical beats.

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A recent Wisconsin Supreme Court ruling restricts the public’s ability to recover fees when suing for records.
Celia Ffrench Celia Ffrench

A recent Wisconsin Supreme Court ruling restricts the public’s ability to recover fees when suing for records.

In a 4-3 ruling, the Wisconsin Supreme Court held that a community group was not entitled to recover legal fees from the city of Waukesha under the Wisconsin Open Records Act after its lawsuit seeking access to a draft city contract ultimately prompted officials to make the document public, but without a court order forcing their hand.

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Colorado’s open records law applies to public documents that are intimately related to public funds, court says
Celia Ffrench Celia Ffrench

Colorado’s open records law applies to public documents that are intimately related to public funds, court says

According to the ruling, Leonard issued a CORA request to the business district seeking “contracts with those who performed the construction and consulting work for the installation of the public improvements paid for by the District” and “invoices and payments made to Nor’wood and InterQuest Marketplace, LLC, or any related entity of either, for work or services performed on behalf of the District.”

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Is public information harder to access today?
Celia Ffrench Celia Ffrench

Is public information harder to access today?

“There were concerns expressed to the Public Information Board that the rule under consideration … (would impact) small communities who don’t have large staff. I think that is overblown. There are not that many requests that some small communities are receiving in the course of a year. All it takes is a form email that says ‘we’ve received your request and will be back in touch shortly.’

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State Sample FOI Request Letters
Celia Ffrench Celia Ffrench

State Sample FOI Request Letters

Most states’ FOI laws require that public records requests be made in writing. Even if your state does not, it is often a good idea to make a written request so that you have documentary evidence that the request was made.

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N.J.’s lag in public record disputes ‘undermines transparency,’ watchdog says
Celia Ffrench Celia Ffrench

N.J.’s lag in public record disputes ‘undermines transparency,’ watchdog says

These problems have held up complaints the council received from 2012 through 2020 for 21 months, on average, while complaints involving complex issues can take more than six years to resolve, investigators found. In one case, it took the council 33 months after a complaint was filed to ask the agency in question why it withheld records, according to the report.

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A Legal Guide to PRIVACY AND DATA SECURITY 2023
Celia Ffrench Celia Ffrench

A Legal Guide to PRIVACY AND DATA SECURITY 2023

This Guide was prepared for Minnesota-based businesses. Data, however, crosses state and national borders, and thanks to the Internet, most businesses have now become global. It is no longer safe to just consider Minnesota and U.S. laws and federal regulations when it comes to data privacy and security. For this reason, we have included some basic information on data privacy laws outside of the United States.

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