Show All Answers

1. What is a public record under FOIA?

A public record is any writing or recording, in any format, prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business.

For example, public records may be in the form of handwritten notes, typewritten documents, electronic files, audio or video recordings, photographs, or any other written or recorded media.

2. Are draft and preliminary versions also considered public records?

Yes. The definition of public record does not distinguish between draft or preliminary versions and final versions, so both are considered public records under FOIA.

3. Who may make a FOIA request?

• Citizens of the commonwealth
• Representatives of newspapers and magazines with circulation in the commonwealth
• Representatives of radio and television stations broadcasting in or into the commonwealth

4. Must a request mention FOIA specifically?

No. The request need not make reference to FOIA in order to invoke its provisions or to impose the time limits for response by a public body.

5. Must a request be made in writing?

No. A written request is not required. However, from a practical point of view, it is suggested that the request be made in writing (or use any request form provided by the public body). Writing is recourse for both parties!

6. May the city require a requester to fill out a request form?

No. A public body may develop a request form that it asks requesters to fill out, but a public body may not insist that its form be used before it begins work on a FOIA request.

Note: It is suggested that if the requester refuses to fill in the form or to put the request in writing, the public body should fill out its own form - remember, writing is recourse.

7. May the city require a requester to provide name and legal address?

Yes. A public body may require a requester to provide his name and legal address before processing a FOIA request.

Note: This is a tool a public body may use, but FOIA does not mandate that public bodies get identification first.

8. How long does the city have to respond to a request?

A public body must respond within five working days of receipt of the request.

Note: Count the day after receipt as day 1. Please remember that failure to respond to a request for records shall be deemed a denial of the request and constitutes a violation of FOIA.

9. What are the permissible responses to a request?

As of July 1, 2007, a public body must make 1 of the 5 responses allowed by FOIA:

• Provide the requested records to the requester
• The requested records are being entirely withheld because their release is prohibited by law or the custodian has exercised his discretion to withhold the records in accordance with FOIA
  
• The requested records are being provided in part and are being withheld in part because the release of part of the records is prohibited by law or the custodian has exercised his discretion to withhold a portion of the records in accordance with FOIA
• The requested records could not be found or do not exist. However, if the public body that received the request knows that another public body has the requested records, the response shall include contact information for the other public body
• It is not practically possible to provide the requested records or to determine whether they are available within the 5 work day period, and the public body needs an additional seven work days in which to provide one of the four preceding responses.