News & Analysis as of September 18, 2024

Freedom of Information Act › Public Agencies

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The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version. less -

So How Much Time Do Public Agencies Have to Respond to Voluminous FOIA Requests?

Pullman & Comley - School Law on 12/15/2022

Often times, when facing voluminous requests for records under Connecticut’s Freedom of Information Act (FOIA), clients will simply ask me: “How long do we have to comply?” There is no simple answer, but here are some...more

A Look In Through the Out Door: The FOIA and Employee Exit Interviews

Pullman & Comley - School Law on 10/11/2022

It is a common practice for employers to conduct exit interviews with departing employees. Without even discussing employment law issues (not to mention issues over the appropriate roles and responsibilities for school...more

Permanent Changes to the FOIA Regarding Remote and Hybrid Meetings

Pullman & Comley - School Law on 7/6/2022

On April 28, 2022, Governor Lamont signed Public Act 22-3, which makes permanent changes to Connecticut’s Freedom of Information Act (FOIA) so as to preserve the ability of public agencies (such as school boards) to conduct...more

The FOIA and the Pandemic: New (temporary?) Provisions on “Remote” and “Hybrid” Meetings for Public Agencies

Pullman & Comley - School Law on 11/3/2021

The “budget implementer” bill that was passed in June amends Connecticut’s Freedom of Information Act (“FOIA”), preserving, at least temporarily, elements of pandemic-era Executive Orders concerning “remote” and “hybrid”...more

U.S. Fish Wildlife Service v. Sierra Club: US Supreme Court Boosts Ability of Agencies to Withhold Draft Documents

WilmerHale on 3/15/2021

On March 4, 2021, the US Supreme Court held that draft biological opinions prepared by the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) were subject to the deliberative process privilege...more

Illinois Attorney General: Public Body Cannot Delete Record After Receipt of FOIA Request

Franczek P.C. on 2/3/2020

“FOIA is a record access law, not a record retention law.” We have all said it, the statute supports it, and no court has held otherwise. A recent opinion from the Illinois Attorney General Public Access Counselor calls that...more

Understanding Connecticut's FOIA

Pullman & Comley - School Law on 12/17/2019

Do We Really Have To Deal With All of These FOIA Requests (And Are We Obliged To Deal With “Vexatious Requesters”)? - As an attorney representing school districts and other public agencies, I often hear from folks who are...more

Can There be a “Meeting” Under the FOIA in the Absence of a Quorum? The Appellate Court Just Spoke (but stay tuned).

Pullman & Comley - School Law on 9/20/2019

A common view has been that in the absence of a quorum, a “meeting” of a public agency that would be subject to Connecticut’s Freedom of Information Act (“FOIA”) cannot occur. For example, the Connecticut Appellate Court...more

Personnel Matters, The Connecticut FOIA And Common Mistakes

Pullman & Comley - Labor, Employment and... on 10/11/2018

Connecticut’s Freedom of Information Act (“FOIA”) generally provides access to both meetings and records of public agencies. The FOIA does provide an exception to the open meetings requirements for certain “personnel...more

Public Agencies Do Not Have to Create Records for PRA Requesters - California Appellate Court Reinforces Principle

Best Best & Krieger LLP on 8/31/2018

The State Bar of California does not have to create records to fulfill a request for bar applicant data under the Public Records Act, an appellate court decided. ...more

Public Bodies Not Required to Create New Records to Respond to FOIA Request

Franczek P.C. on 8/22/2016

The Second District Appellate Court recently addressed the question of when an electronic record is a public record subject to FOIA and when a public agency is required to release information from an electronic database. In...more

Don’t Picture This: The FOIA And The Use Of Smartphones As A Substitute For Paying For Copies

Pullman & Comley - School Law on 8/19/2016

Connecticut’s Freedom of Information Act [“FOIA”] generally permits public agencies to charge for copies (usually, $0.50/page) when complying with FOIA requests. One exception to this fee requirement is that an individual may...more

Local Government Travel and Entertainment Expenses Come Under Greater Scrutiny with New Law

Franczek P.C. on 8/2/2016

Over the past few years there has been no shortage of FOIA requests and media attention on how school districts and other units of local government spend or reimburse spending on conferences, dining, and travel. Last week...more

Foliage, Frost, Frozen Ponds and The FOIA (Part Three): Trying To Do The Right Thing Is A Good Thing Under The FOIA

Pullman & Comley - School Law on 7/27/2016

In our latest posting on the Freedom of Information Act [“FOIA”], we confirm that the Freedom of Information Commission [“FOIC”] has a heart, and may sometimes forgive technical non-compliance by public agencies and their...more

Foliage, Frost, Frozen Ponds And The FOIA (Part Two): Can You See My Notes (And Calendar)?

Pullman & Comley - School Law on 7/7/2016

For those who still cannot get enough after my latest post on the Freedom of Information Act [“FOIA”], here are more nuggets from the Freedom of Information Commission [“FOIC”]. Today, we focus on written notes and calendar...more

Attorneys Are Not So Special After All: The FOIA and the Need for Specific Agenda Items

Pullman & Comley - School Law on 1/21/2016

Generally, Connecticut’s Freedom of Information Act [“FOIA”] requires that a public agency preparing an agenda/posting for a meeting ensure that each agenda item is specific enough to apprise the public of the action...more

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