Examples of FOIA in a sentence
An electronic communication must be disclosed if it is a public record as defined by FOIA, unless a specific exemption applies.
If a Board member uses a private device and email address, the communication is subject to FOIA if it satisfies this test: First, the communication pertains to the transaction of public business, and Second, the communication was: (1) prepared by a public body, (2) prepared for a public body, (3) used by a public body, (4) received by a public body, (5) possessed by a public body, and/or (6) controlled by a public body.
Email sent or received by an individual Board member may be, depending on the content and circumstances, subject to disclosure as a public record (unless a FOIA exemption is applicable).
Of course, email pertaining to public business that is sent or received by a Board Member using a District-issued device or email address will be subject to FOIA, even if the email does not need to be retained under the LRA.
The Freedom of Information Officer shall establish a fee schedule that complies with FOIA and this policy and is subject to the Board's review.