Civic · 6 pages · 12 min

How a public record law works

A public record law opens existing agency records on request unless a stated exemption allows withholding.

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From the opening

A public record law sets a default that the records of a covered government body are open to inspection by a person who asks for them. The agency searches what it holds, releases what the law opens, and withholds or redacts only what an exemption or another statute allows it to keep back. The opening covers disclosure is the default, an exemption must be identified, and state law usually covers city records.

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Inside

  • Disclosure is the default
  • An exemption must be identified
  • State law usually covers city records
  • The agency need not write a new study
  • Where the idea stops applying
  • A distinction worth keeping

Sources

  • State public records statutes
  • Federal Freedom of Information Act