Guidelines to the Freedom of Information Act (FOIA)

For an individual to acquire information from a public body through the Freedom of Information Act, the individual must submit a written request to the public body.

The public body then has 7 working days to respond, during which time they must either:

1. Comply with the request,
2. Deny the request,
3. Not respond within the 7 days, which amounts to a denial, or
4. Request an extension, which may not exceed 7 additional working days. If the public body requests the extension, they must specify the reasons for the delay and the date by which the records will be made available or denial will be forthcoming. A failure to render a decision during the time of the extension is a denial of the request.

If the public body denies a request, because it is too burdensome, then the individual must be given an opportunity to reduce the request to manageable proportions.

If the public body complies with the request, they may charge fees reasonably calculated to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the public body to copy records – if the fees imposed are not reasonable, then this is considered denial of access.

Section 7 of the Freedom of Information Act outlines exemptions, where the public body does not have to disclose information.

If the request is denied, the public body must provide a reason for the denial, as well as the names and titles of those responsible. Additionally, the public body, within its denial, must inform the requestor of their right to appeal to the head of the public body.

If only a portion of the information is deemed exempt from disclosure, the public body shall delete the information, which is exempt, and make the remaining information available for inspection and copying. The requestor may appeal the exemption of any information.

If their request is denied, the requestor can either:

1. Accept the denial,
2. Appeal the decision to the head of the public body.

To appeal, the requestor must file a written appeal with the head of the public body, who has 7 working days to respond. The head of the public body may:

1. Overturn the body’s decision,
2. Affirm the body’s decision,
3. Request a 7 day extension, or
4. Not respond within the 7 days, which is a denial.

If the head affirms the body’s decision he must provide, in writing, the reason for denial, as well as inform the requestor of his right to judicial review. If the denial is affirmed, then all administrative remedies have been exhausted.

Next, the requestor may file suit for injunctive or declaratory relief. If the denial is from the head of a public body of the state, suit may be filed in circuit court for the county where the public body has its principal office or where the person denied access resides. If the denial is from the head of a municipality or other public body, then suit should be filed in the circuit court for that county where the public body is located. The burden is upon the public body to justify the denial.

If the requestor’s suit is successful, then they are not only entitled to the withheld information, but also to reasonable attorney’s fees and the costs of litigation.