News & Analysis as of

Open Records

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - Legislative Day 11 - February 2025

Many of the skirmishes fought under the Gold Dome each year are turf wars, sometimes literally. A perennial favorite is the dispute over Georgia’s northern border, which Representative Martin Momtahan (R-Dallas) is seeking to...more

Pagefreezer

How City & State Government Agencies Can Scale Open Records Request Processes

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In the always-on, hyper-connected digital age, you'd think it would be relatively straightforward to produce records for Freedom of Information Act (FOIA) or open records requests, but it can be incredibly labor intensive,...more

Reveal

FOIA and Open Records Requests - The Ultimate Guide

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The Freedom of Information Act (FOIA) and similar open records acts allow the public access to records under the control of governmental agencies. These access rights state that public information shall be delivered within a...more

Troutman Pepper Locke

Private Businesses Have New Exposure Under the Georgia Open Records Act

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In a landmark decision, the Georgia Supreme Court has expanded the Georgia Open Records Act (the Act) to include private businesses and contractors working with state and local government entities. The ruling in Milliron v....more

Troutman Pepper Locke

Unveiling the Impact: How Georgia's Open Records Act Affects Private Businesses — Regulatory Oversight Podcast

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In this episode of Regulatory Oversight, Stephen Piepgrass is joined by his colleague David Dove to discuss a recent Georgia Supreme Court decision that significantly impacts private companies under Georgia's Open Records...more

Parker Poe Adams & Bernstein LLP

Georgia Supreme Court Broadens Open Records Act to Include Private Contractors

The Georgia Supreme Court on Monday issued a ruling that expands the scope of who is responsible for producing public records under the state’s Open Records Act. The court also allowed for records requests to be sent to...more

Tucker Arensberg, P.C.

OOR (Office of Open Records) Holds that “Frank Curry” FOIA Buddy Requests Can Be Denied for Being Anonymous

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In Frank Curry and FOIABuddy v. South Western School District, AP 2024-1311, a school district (“District”) received a request for records related to IT operations, contracts, staff, and IT budget from Frank Curry and...more

Fox Rothschild LLP

PA Office of Open Records Affirms Human Relations Commission Investigations Are Not Subject to Public Disclosure

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The Pennsylvania Office of Open Records (OOR) has determined that investigations of alleged discrimination by the Pennsylvania Human Relations Commission (PHRC) are “noncriminal investigations,” and that associated records...more

Saiber LLC

New Jersey Governor Amends Its Open Public Records Act

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On June 5, 2024, Governor Phil Murphy signed into law the first comprehensive reform to New Jersey’s Open Public Records Act (OPRA) since its passing in 2002. This amendment to the long standing legislation was met with much...more

Lowenstein Sandler LLP

Controversial OPRA Amendment Has Potentially Significant Implications for New Jersey Environmental Professionals

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On June 5, New Jersey Gov. Phil Murphy signed long-contested legislation, S2930 (2024 OPRA Amendment), amending the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1, et seq. As most New Jersey environmental practitioners...more

Pullman & Comley - School Law

Welcome To The Board: What New Board Members Need To Know About The FOIA

Congratulations on your election to the board of education and thank you for volunteering your time to your community.  As you begin to embark on your board journey you will unfortunately, find that way too much of your time...more

Tucker Arensberg, P.C.

Commonwealth Court Holds that OOR Erred in Not Allowing Agency an Opportunity to Review Responsive Records for Exemptions after...

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In Pa. Office of the Governor v. Brelje, 2024 Pa. Commw. LEXIS 65, at *1 (Commw. Ct. Feb. 23, 2024), the Office of Open Records (“OOR”) concluded that requests for all incoming and outgoing email for two agency employees over...more

Marshall Dennehey

Insurers’ Rights to Records from the New Jersey Office of the Insurance Fraud Prosecutor Affirmed

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Gov’t Emps. Ins. Co. v. Koppel, No. 2:21-cv-03413-MEF-JRA, 2023 U.S. Dist. LEXIS 151531, (D.N.J. Aug. 28, 2023) - The insurance carrier brought a civil action against various medical providers, asserting an illegal kickback...more

Tucker Arensberg, P.C.

Communications Related to a School District’s Investigation Into Complaints About Library Books Are Not Public Records

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Foster v. Pennridge School District, AP 2023-0931 (July 5, 2023). The Office of Open Records determined that a school district properly redacted and withheld certain email chains discussing the school district’s investigation...more

Pullman & Comley - Labor, Employment and...

As The Leaves Are Changing - What Has (and Has Not) Changed with the FOIA?

As the summer (and your vacation) becomes a distant memory, and the days get shorter and colder, I’ll bet you have had passing thoughts about changes to Connecticut’s Freedom of Information Act’s (“FOIA”), especially in light...more

Tucker Arensberg, P.C.

OOR Confirms that Local Agencies Can Provide Responsive Records in PDF Format

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In Forrest v. Erie City, AP 2023-1701 (Sept. 28, 2023), Erie City responded to a request for a list of all rental properties registered and licensed in the City in an Excel spreadsheet by providing a PDF conversion of the...more

Furia Rubel Communications, Inc.

Forging a Career in Open Records Law with Terry Mutchler, Chair of Transparency Law and Public Data Practice at Obermayer

In this episode of On Record PR, Gina Rubel goes on record with Terry Mutchler, Chair of Transparency Law and Public Data Practice at Obermayer, to discuss her trailblazing career helping clients navigate open records law....more

Furia Rubel Communications, Inc.

Forging a Career in Open Records Law: On Record PR

In this episode of On Record PR, Gina Rubel goes on record with Terry Mutchler, Chair of Transparency Law and Public Data Practice at Obermayer, to discuss her trailblazing career helping clients navigate open records law....more

Franczek P.C.

FOIA Does Not Require Public Bodies to Compel Production of Third-Party Records

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The Illinois Appellate Court recently ruled that the Freedom of Information Act (FOIA) does not obligate a public body to produce records that it does not already maintain in response to a FOIA request. Further, the Court...more

Tucker Arensberg, P.C.

Office of Open Records Fully Implements E-File Portal

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In the summer of 2022, the Office of Open Records (“OOR”) announced that it was moving forward with an E-File Appeal Portal. The goal was to provide a one-stop location for all records involving appeals. ...more

Tucker Arensberg, P.C.

PA Office of Open Records Holds That Borough Cannot Fully Redact Non Responsive Entries in Legal Invoices

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In Seman v. Baldwin Borough, AP 2023-00778, the Requester sought legal invoices related to a specific project. In responding to the Request, the Borough completely redacted entries in the legal invoices that were not related...more

Tucker Arensberg, P.C.

OOR Holds that a Draft Complaint attached to an Emails is Privileged

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In Beckes v. North East School District, AP 2022-2826, the OOR determined that the attachments to two emails from the District Solicitor to the District were protected from disclosure under the attorney-client privilege and...more

Venable LLP

FOIL Law Simplified

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Nearly anyone who can read a newspaper understands the meaning of a FOIL or FOIA request. FOIA refers to the Freedom of Information Act, which allows a requester to obtain documents from federal agencies, while its...more

Tucker Arensberg, P.C.

Commonwealth Court Holds that the Failure to Identify a Transaction or Activity of an Agency in a Request for Records Under the...

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Methacton Sch. Dist. v. Off. of Open Records of Cmmw., 250 C.D. 2021, 2021 WL 6122163, at *1 (Pa. Cmmw. Dec. 28, 2021). The Commonwealth Court of Pennsylvania holds that a request for the emails of four individuals over a...more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Holds That Communications Between Agencies And Their Consultants Are Not Exempt From Public Disclosure...

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Chester Water Authority v. Pennsylvania Dept. of Community and Economic Development, 249 A.3d 1106, 1108 (Pa. 2021), reargument denied (June 17, 2021). Pennsylvania Supreme Court holds that communications between an agency...more

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