Newsflash: Rockweed Not a Fish
In 2023, the Indiana General Assembly adopted HEA 1167-2023, which created a new statutory section within the Open-Door Law statutes (I.C. 5-14-1.5-2.9). That statute was subsequently amended in HEA 1306-2024 and is scheduled...more
MAKING THE WHOLE TRUTH PUBLIC: THE FIGHT TO RELEASE BODY-WORN CAMERA FOOTAGE IN SECTION 1983 LITIGATION - Body-worn cameras were heralded as a promising innovation in the fight against crime and police misconduct. But in...more
On Monday, June 5, New Jersey Governor Phil Murphy signed Senate Bill 2930/Assembly Bill 4045 into law, modifying the process of requesting and obtaining public records, and significantly altering the rights of those who...more
The ability to obtain public records in New Jersey is about to undergo a massive overhaul. A new bill, S2930, (the “Reform Bill”) was signed into law by New Jersey Governor Phil Murphy on June 5, 2024, and has the potential...more
One of the many worries that I have as a school attorney is when school board members use their e-mail account to discuss board business. As you may know, such conduct can run afoul of Connecticut’s Freedom of Information...more
Police Drone Footage Only Exempt From Disclosure - In Some Circumstances The California Supreme Court recently denied the City of Chula Vista’s Petition for Review in Castañares v. Superior Court (Dec. 2023) 98 Cal.App.5th...more
(This is the fifth and final blog in a five-part series on streamlining public records request response.) When starting the journey in changing your processes around managing these requests, it can be like a hiker...more
(This is the fourth blog in a five-part series on streamlining public records request response.) Managing Freedom of Information Act (FOIA) or similar public records requests in State or Local government agencies is a...more
When it comes to managing FOIA (Freedom of Information Act) and similar public records requests, resourcing your team effectively is crucial. Even with a small team, you can achieve a lot by appointing an expert internally...more
The number of public records requests filed each year is on the rise, presenting a significant challenge for government agencies. One of the core obstacles faced by these agencies is the tight timing constraints imposed by...more
Congratulations on your election to the board of education and thank you for volunteering your time to your community. As you begin to embark on your board journey you will unfortunately, find that way too much of your time...more
As the summer (and your vacation) becomes a distant memory, and the days get shorter and colder, I’ll bet you have had passing thoughts about changes to Connecticut’s Freedom of Information Act’s (“FOIA”), especially in light...more
The Illinois Public Access Counselor (PAC) recently issued two non-binding opinions concerning the applicability of Open Meetings Act (OMA) requirements to board committees....more
The Illinois Appellate Court recently ruled that the Freedom of Information Act (FOIA) does not obligate a public body to produce records that it does not already maintain in response to a FOIA request. Further, the Court...more
The Minnesota Supreme Court earlier this month rebuffed the state legislature's efforts to hide records of eviction proceedings from public access. In its August 8 order (ADM10-8050), the Court through Chief Justice Lorie...more
Most litigants think that financial documents, such as tax returns, are confidential. The same is true with regard to trade secrets and other proprietary business information. While those sentiments are most often true, as...more
The federal government, the District of Columbia, and each of the 50 states have Freedom of Information Act (FOIA) laws that allow individuals to file requests for specific public documents with government agencies and...more
On February 14, 2023, OFCCP announced that it was again extending the deadline for employers to file objections to the disclosure of their EEO-1 data in response to a FOIA request from the Center for Investigative Reporting....more
BB&K’s New Law Guidance for a Well-Informed Start to 2023 - In Part Four of our “In With the New” series, Best Best & Krieger LLP’s Advanced Records Center (ARC) team covers important new legislation and case law related...more
Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Freedom of Information Act (FOIA). In the decision, the PAC upholds a school’s decision to utilize the Section 7(1)(f) (predecisional)...more
The plaintiff, the American Civil Liberties Union of New Jersey (ACLU), served the County Prosecutors Association of New Jersey (CPANJ) with a request to produce documents pursuant to the Open Public Records Act (OPRA). The...more
Recently, the Public Access Counselor (PAC) issued two non-binding opinions concerning the Freedom of Information Act (FOIA), both upholding school district decisions to exert exemptions and withhold key documents under the...more
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
AB 473 Takes Effect January 1, 2023, recodifying and reorganizing this important statute - The California Public Records Act (CPRA) was enacted in 1968 to promote public access to public records, while also recognizing...more
Nearly anyone who can read a newspaper understands the meaning of a FOIL or FOIA request. FOIA refers to the Freedom of Information Act, which allows a requester to obtain documents from federal agencies, while its...more