4.2 Access to public records and meetings

Access to public records and meetings is a cornerstone of government transparency. Laws like FOIA and state sunshine acts give citizens the right to request documents and attend meetings, with some exceptions for sensitive information.

These laws help keep the government accountable by allowing the public and media to see how decisions are made. Journalists often use public records requests to investigate stories and inform the public about government activities.

Public Records Access Framework

Constitutional and Statutory Protections

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• The First Amendment of the U.S. Constitution and state constitutional provisions protect the public's right to access government information and meetings
• The federal Freedom of Information Act (FOIA) and state open records laws provide a statutory basis for public access to government records
  • FOIA applies to federal executive branch agencies and establishes procedures for the public to request access to federal records (Department of Defense, Environmental Protection Agency)
  • State open records laws, often called "sunshine laws," grant public access to state and local government records (California Public Records Act, Florida Sunshine Law)

Open Meetings Laws

• The federal Government in the Sunshine Act and state open meetings laws require certain government meetings to be open to the public
  • The Sunshine Act applies to meetings of federal agencies headed by multi-member boards or commissions (Federal Communications Commission, National Labor Relations Board)
  • State open meetings laws typically cover meetings of state and local government bodies, such as legislative committees, city councils, and school boards (Texas Open Meetings Act, New York Open Meetings Law)

Freedom of Information Scope

Broad Definition of Records

• FOIA and state open records laws broadly define "records" to include various formats, such as paper documents, electronic files, and audio or video recordings
• The inclusive definition ensures that the public can access a wide range of government information, regardless of the medium in which it is stored (emails, databases, surveillance footage)

Exemptions and Redactions

• Certain categories of records are exempt from disclosure under FOIA and state laws to protect interests such as national security, personal privacy, and trade secrets
  • FOIA contains nine specific exemptions, including classified information, internal agency rules, and law enforcement records (confidential informant identities, ongoing investigation details)
  • State laws often have similar exemptions and may include additional categories, such as attorney-client privileged communications (legal advice to government officials)
• Agencies may redact (black out) exempt information from records before releasing them, but they must provide the non-exempt portions of the records
• Some state laws have a balancing test that weighs the public interest in disclosure against the potential harm to protected interests (privacy interests of government employees, confidential business information)

Requesting Public Records

Request Requirements and Agency Responses

• FOIA and state laws typically require a written request that reasonably describes the records sought
  • Requesters do not need to state a reason for seeking the records
  • Agencies may ask requesters to clarify overly broad or vague requests ("all documents related to the project" vs. "final environmental impact statement for the project")
• Agencies must respond to requests within statutory time limits, which vary by jurisdiction
  • FOIA requires agencies to determine within 20 business days whether to comply with a request and to promptly provide the records
  • Many state laws have shorter deadlines, such as 5 or 10 business days (Colorado Open Records Act, Hawaii Uniform Information Practices Act)

Fees and Appeals

• Agencies may charge reasonable fees for the direct costs of searching for, reviewing, and duplicating records
  • FOIA and some state laws have fee waivers for requests that serve the public interest, such as by the news media or educational institutions (student journalists, university researchers)
• Agencies must provide written explanations when they deny requests in whole or in part, and requesters typically have a right to administratively appeal denials
• If an administrative appeal is unsuccessful, requesters may seek judicial review of the agency's decision in court (filing a lawsuit to compel disclosure)

Open Meetings for Transparency

Public Participation and Meeting Requirements

• Open meetings laws promote government accountability by allowing the public to observe and participate in decision-making processes
• Covered government bodies must provide advance notice of meetings, including the time, place, and agenda items
• Members of the public have a right to attend open meetings, but they do not have an automatic right to speak or disrupt proceedings (attending a city council meeting, observing a legislative committee hearing)

Executive Sessions and Meeting Minutes

• Laws typically define a "meeting" as a gathering of a quorum or majority of the members of a government body to discuss or act on public business
• Certain sensitive topics, such as personnel matters and pending litigation, may be discussed in closed executive sessions
  • Laws usually limit the scope of executive sessions and require a public vote to enter and exit the session (discussing the performance of a specific employee, receiving legal advice on a lawsuit)
• Government bodies must keep minutes of their meetings and make them available to the public, subject to any applicable exemptions (redacting confidential information from the minutes)