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Wednesday, May 1, 2013

PAC Finds Cities in Violation Where They Completely Fail to Respond to a FOIA Request

In two recent binding opinions that will surprise no-one, the PAC found two public bodies in violation of FOIA for a complete failure to respond to FOIA requests for public records.  2013 PAC 23366 (issued April 24, 2013) and 2013 PAC 22996 (issued April 29, 2013).  In both cases, the facts were undisputed that the public bodies did not provide the requested documents, extend the time for response, or deny the request within the statutorily required timeframe for response.  The remedy for noncompliance?  The PAC ordered both public bodies to provide the responsive documents, subject to any permissible redactions.  Nothing groundbreaking here.
Post Authored by Julie Tappendorf, Ancel Glink


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