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Tuesday, May 9, 2023

Library Fails to Respond to FOIA Request in PAC Opinion


Last week, the PAC issued its sixth binding opinion on 2023 finding a public body in violation of FOIA for failing to respond to a FOIA request. PAC Op. 23-006.

In December, 2022, a reporter filed a FOIA request with a public library for correspondence between the library and Justice Sotomayer's staff about a visit to the library. The library acknowledged it received the FOIA request but did not respond or provide responsive records. The reporter then filed a request for review with the PAC office of the Attorney General. Since the library did not substantively respond to the PAC's request for review nor did it provide responsive records to the requester, the PAC issued a binding opinion finding the library in violation of FOIA.

Nothing newsworthy here, just a reminder to public bodies that they need to comply with FOIA.

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