ABSTRACT

Sunshine laws are all about providing members of the public with information about the government. A state’s freedom of information acts (FOIA) generally allows any member of the public to request existing public records. In response to a request, the government must provide access to the identified record within a relatively short period of time unless the government no longer has the record or the legislature has found good reason why this particular type of record should be exempted from disclosure. A more common disqualification of a record from being a “public record” comes into play where a person requests a compilation or summary of records. A person making a request must adequately describe the record in a way that allows the public body to find it. The description requirement is one that can easily lead to litigation. The public body must make a reasonable effort to interpret the request, as made, and find the record if feasible.