R5A1

1. Who receives a request?

1. Who receives a request?

The request should be directed to the agency that is the custodian of the records that are being sought.

The Governor is not the custodian of records for each and every public body in the Commonwealth. Davis v. Allen, 44 Va. Cir. 237 (1997).

1. Who receives a request?

Any employee of a public agency may receive the request. FOI responsibilities are not assigned to specific offices.

1. Who receives a request?

N.J.S.A. 47:1A-5(q) provides that the request shall be conveyed to the custodian. N.J.S.A. 47:1A-1.1 defines a custodian, in the case of a municipality to be the municipal clerk and in the case of other agencies to be the person officially designated by the agency's governing body.

1. Who receives a request?

The Public Records Act requires each agency to publish the procedures by which requests for public records are to be made. RCW 42.56.040. Nevertheless, most agencies act somewhat informally with or without published procedures. Only the largest agencies and police agencies have FOI officers. A requesting party may consider calling the agency to ask what the proper procedure is.

1. Who receives a request?

The lawful custodian or authorized deputy. Iowa Code §  22.3.

1. Who receives a request?

Each public body must designate at least one custodian of public records and requests are sent to the custodian. §14-2-7, NMSA 1978.

1. Who receives a request?

The Freedom of Information Act requires that requests for access to records be made to the person in charge of the government body:

A request to inspect or copy any public record of a public body shall be made directly to the custodian of such public record.

'Custodian' means the elected or appointed official charged with administering a public body.

W. Va. Code §§ 29B-1-2(1), 29B-1-3(2).

1. Who receives a request?

Alabama's Public Records Law is silent as to the procedure for obtaining public records. Typically, the request is made initially in person or by telephone to the office that holds the records. If a more formal, written request is necessary, that request is typically made to the custodian of the records, the governmental entity or officer that holds the records, or (if the request has reached the "lawyering" stage) to the attorney for the governmental entity or officer that holds the records.

1. Who receives a request?

The custodian receives requests to inspect records. If the person who receives the request is not the custodian of the public record requested, such person shall notify the requester and shall furnish the name and location of the custodian, if known or readily ascertainable. K.S.A. 45-218(c).

1. Who receives a request?

The FOIL directs each agency to promulgate rules and regulations pertaining to the availability of records and the procedures to be followed to obtain access, including the times and places that records are available, the person from whom such records may be obtained, and the fees for copies of records. N.Y. Pub. Off. Law §  87(1)(b) (McKinney 1988). See, e.g., Murphy v. State Educ. Dept., 148 A.D.2d 160, 543 N.Y.S.2d 70, (1st Dep't 1989); Town of Northumberland v. Eastman, 129 Misc.2d 447, 493 N.Y.S.2d 93 (Sup. Ct. 1985).