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

How to Run a Public Records Audit with a Team of Students
Celia Ffrench Celia Ffrench

How to Run a Public Records Audit with a Team of Students

According to the National Freedom Of Information Coalition (NFOIC), “audits have led to legislative reforms and the establishment of ombudsman positions to represent the public’s interests.” The basics of auditing is simple: Send the same FOI request to different government agencies, document how you followed up, and document the outcome. Here’s how [The Markup] coordinated this process with student reporters.

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Jefferson DA charges grieving father $18,000 for public records, leading to lawsuit
Celia Ffrench Celia Ffrench

Jefferson DA charges grieving father $18,000 for public records, leading to lawsuit

Attorneys for a Missouri man say they have filed a lawsuit against Jefferson Parish’s district attorney, who wants him to pay more than $18K for copies of investigation records related to his son’s death nearly seven years ago. The father has blasted the work of sheriff’s investigators, who he says fumbled their work from the very start.
The agency responded that it had more than 37,000 pages of records that would cost $18,535 to receive on paper or $5,560 in a digital format.

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MuckRock survey of FOIA fees points to uneven picture across the US: From $2 in Washington state to $431 per request in Idaho
Celia Ffrench Celia Ffrench

MuckRock survey of FOIA fees points to uneven picture across the US: From $2 in Washington state to $431 per request in Idaho

Most requests filed under state FOIA are relatively narrow in scope, take 20 days or less to compile, and are usually provided to journalists and the public free-of-charge. But for roughly 20% of U.S. public-records requests a fee is charged. Some groups pointed to egregious examples where governments charged exorbitant fees for records, like one state agency in Georgia that estimated that one of its datasets would cost a newsroom $17 million.

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Officials evade public records laws by using privately owned portals
Celia Ffrench Celia Ffrench

Officials evade public records laws by using privately owned portals

This journal article examines government officials using privately owned communication portals to exchange messages, asserting that documents do not become public records if government agencies avoid taking possession of them. This may be defensible under the literal wording of some state public records statutes, but it is inconsistent with the good-government purposes of those laws.

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Access to Public Records Is 'Deteriorating Terribly'
Celia Ffrench Celia Ffrench

Access to Public Records Is 'Deteriorating Terribly'

The ability of people to get records that are supposed to be made publicly available has been “deteriorating terribly,” according to David Cuillier, director of the Brechner Freedom of Information Project at the University of Florida. A nonprofit organization called MuckRock has found that about 10 years ago such efforts were successful about half the time. Today, that’s down to about 18%.

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What are they hiding? Nevada State Agency Quotes High Fees to Bog Down Records Requests
Celia Ffrench Celia Ffrench

What are they hiding? Nevada State Agency Quotes High Fees to Bog Down Records Requests

When the Las Vegas Review-Journal investigated consumer complaints about the Nevada Department of Employment, Training and Rehabilitation, the agency responded to FOIA requests with an initial demand for $650,000. David Cuillier, director of the Brechner Freedom of Information Project, said excessive copy fees are one of the most common barriers people have in accessing their government—only behind delays and arbitrary denials.

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Massachusetts State and Local Agencies Fined for Keeping Public Records Secret
Celia Ffrench Celia Ffrench

Massachusetts State and Local Agencies Fined for Keeping Public Records Secret

A 2017 change in the Massachusetts public records law has resulted in agencies paying out large sums after ignoring or rejecting public records requests. “It sends a message to the government agencies that they can't continue playing games with the public's right-to-know without any kind of consequence,” Justin Silverman, executive director of the New England First Amendment Coalition

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Court Orders DeSantis Administration To Disclose COVID Data and Pay Attorney’s Fees
Celia Ffrench Celia Ffrench

Court Orders DeSantis Administration To Disclose COVID Data and Pay Attorney’s Fees

After two years of denying that detailed COVID-19 data relating to 2021 infections and vaccines existed, and then being forced by a court to turn it over, Gov. Ron DeSantis and the Florida Department of Health have agreed to a settlement that will require the state to disclose coronavirus data on its web site and pay attorney’s fees for attempting to circumvent state public records law.

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City of Detroit Repeatedly Violates State Law on Public Records
Celia Ffrench Celia Ffrench

City of Detroit Repeatedly Violates State Law on Public Records

The city of Detroit has a transparency problem. In a little more than a year, the city has either ignored Metro Times’ Freedom of Information Act requests or taken months to respond, despite a state law that requires records to be produced within three weeks.

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Editorial: On Public Records, State Treasurer Folwell Tells It Like It Is
Celia Ffrench Celia Ffrench

Editorial: On Public Records, State Treasurer Folwell Tells It Like It Is

Public records, accountability and transparency are nothing new to North Carolina's State Treasurer. No matter the political affiliation of those who hold the office, the duties are about access to information and data. It is no small matter that the current Treasurer Dale Folwell - a former Republican state legislator - took time this week to admonish his former colleagues for their subterfuge and secrecy.

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Transparency Group Posts Draft FOIA Constitutional Amendment
Celia Ffrench Celia Ffrench

Transparency Group Posts Draft FOIA Constitutional Amendment

Arkansas Citizens for Transparency on Wednesday (Oct. 11) unveiled an amendment draft that would ensconce the state’s Freedom of Information Act (FOIA) into the state constitution. The move follows Gov. Sarah Sanders’ attempt earlier this year to weaken the FOIA. The draft not only seeks to make the existing FOIA part of the constitution but would better define a public meeting and add harsher penalties for those who violate the law.

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A Devastating Blow to Government Accountability in NC | Opinion 
Celia Ffrench Celia Ffrench

A Devastating Blow to Government Accountability in NC | Opinion 

North Carolina’s Republican legislative majority, joined by a handful of Democrats, has decided that the state’s public records law shouldn’t apply to them. A supermajority of the General Assembly passed a sweeping legislative privilege Friday allowing lawmakers to keep secret any document made or received during their public service “in all instances.”

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“As Promptly as Possible”: When does a public records delay become a de facto denial?
Celia Ffrench Celia Ffrench

“As Promptly as Possible”: When does a public records delay become a de facto denial?

If you make public records requests in North Carolina, you are undoubtedly familiar with N.C. law which requires a public body to furnish responsive records “as promptly as possible.” You have also likely experienced firsthand that “as promptly as possible” can mean different things to the requester and to the public body records custodian. How did we end up with this wording, and what have our courts said about public bodies that delay, delay, delay? What can you do to push back?

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This bill could give Californians an ally on public record requests
Celia Ffrench Celia Ffrench

This bill could give Californians an ally on public record requests

A bipartisan bill would create a state ombudsperson to intervene when public records requests are denied. But an advocacy group is concerned that it will encourage state agencies to go to court. While previous bills failed, Assembly Bill 469 has passed unanimously through committees and the full Assembly.

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New Jersey’s public records law is a ‘sword and shield’ against corruption, citizens say
Celia Ffrench Celia Ffrench

New Jersey’s public records law is a ‘sword and shield’ against corruption, citizens say

(S)everal bills now in the legislative pipeline in Trenton would weaken OPRA, with proposals to let government officials cap the number and “scope” of requests people can make, bar people who are denied records from appealing to a judge right away, take more time to respond to requests, redact phone numbers, email addresses, and social media information from records, and exempt volunteer fire companies from OPRA.

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