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FOIA in the news, January 6, 2012

20 contributors.

Contents

[edit] Links

  • Paid FOI internships with SPJ this summer! Apply by Jan. 16: spj.org/i-pullkilgore.
  • Seattle PD sues attorney because he requested dash cam footage ow.ly/8kJ9W
  • How can the city sue someone for requesting records?
  • Anaheim says it was a "mistake" to order employees to delete unflattering e-mails ow.ly/8kJet
  • Washington's checkbook now online ow.ly/8kJVs
  • ow.ly/8kKhn
  • Last yr. the NY Times sued the DOJ for not disclosing memo re. Anwar al-Awlaki's assassination bit.ly/xPpbax
  • foiachat held at Mercury News yesterday for those in CA ow.ly/8kKHz
  • Carrier IQ Releases Data as FBI Denies FOIA Request bit.ly/zYpjxu
  • Exemptions up 33% in spite of #opengov promotion bit.ly/xYAyft
  • Most Madison Police and Fire Commission meetings held at private law office in 2011: bit.ly/yl0RIE
  • SunshineReview's state transparency laws is a good start bit.ly/zlyQfr
  • NYT v DOJ [courthouse news service] bit.ly/wOUd7z
  • Minnesota's open meeting policy bill via @richneumeister bit.ly/yb0V3v

[edit] Tips

  • There's no legal authority for a city to preemptively sue a requester for money damages. Would like to see the court documents. I suspect the Seattle case is a 'declaratory judgment' action -- meaning you are seeking only legal clarification, not money.
  • A Utah court said in '95 that 911 call tapes are public. No reason dash cams should be different.
  • Exception exists for "ongoing investigation."
  • As always with many foia laws, enforcement is the issue.

[edit] Questions

  • What should I request from a police department?
  • Training records of LEOs
  • If there is a private support organization for a gov't entity, like a friends of the library, are they subject to FOIA laws?
  • Depends on state law. Friends of library, doubtful. But if entity is set up by a govt agency using govt $, FOIA away.

[edit] Other

  • Request for Rick Perry emails, status: TX AG agrees $2304 for elctronic records reasonable. 10 Biz days to appeal or pay.
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