Requesting Records

It appears that the intent of the law would indicate that if records do not exist, this should be stated in writing to the requester. once a deposit is requested from the public body, a requester does not have the right to demand that certain records that are believed to be easily accessible be provided immediately, before the deposit is paid, while still indicating that he wants a response to the entire request. Burden on requester to clearly indicate he is attempting to narrow a previous request, in lieu of that request. The practical perspective of dealing with the application of FOIA on a daily basis has taught [this office] that clear and concise communication between a requester and a government official -- relying on the requirements set forth in the law and not on editorial comment -- is often the best way to successfully resolve any concerns about a FOIA request.

Absent a court order, a public body cannot prohibit a citizen of the Commonwealth from making a FOIA request, or require her to make requests through her attorney.

FOIA does not prohibit public bodies from regulating public comment period during open meetings. A public comment period rule prohibiting speakers from asking questions of the public body and its staff does not violate FOIA's allowance for records requests to be made verbally. FOIAC cannot render opinions regarding possible federal constitutional violations.

Neither a volunteer fire company nor a committee created to handle the company's finances are public bodies; the minutes taken by a non-public body nonetheless become public records when they are provided to a public body (such as a city council); a non-public body's financial records in the possession of a local treasurer are not public records; a public record cannot be withheld simply because the public body for whom the record is prepared has not yet received it; there is no FOIA requirement that a request for records be made in writing.

Unlike an annual request to be notified of meetings, FOIA does not require a public body to honor a standing request for records; however, to ease the administrative burden of responding multiple requests, the body may want to honor the annual request.

The annual report on the compensation plan being developed by the Department of Human Resources is a public record.

public body not required to merge two separate databases to create a record containing the information sought by a requester; requester can ask for both databases and manipulate the raw data himself.

No 1st Amendment right of access to government-held information.

Inquiries as to the status of e-mail under the Freedom of Information Act, charges for electronic records, the working papers exemption, assessment of fees for producing a requested record, the meaning of 'reasonable specificity'

A record's copyright status does not prevent it from being released under FOIA; lyric sheets and audio tapes are official records.