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Monday, February 26, 2018

PAC Finds City in Violation for Not Responding to FOIA

In its third binding opinion of 2018, the PAC found a municipality in violation of FOIA for failing to comply with, properly deny, or otherwise respond to a FOIA request. PAC Op. 18-003.

The requester submitted a FOIA request to the city asking for records pertaining to a city official's meeting schedule for a four month period in 2016. The city did not respond to the FOIA request, nor did the city respond to the PAC's "request for review." When the PAC reached out to the city clerk, she responded that the documents had already been provided to the requester. According to the PAC opinion, the city was unresponsive to follow up contacts from the PAC.

The PAC found the city in violation for not responding to the FOIA request. The PAC noted that even if the request were a duplicate one, and records had been previously provided, the city was still required to issue a written denial under FOIA. 


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