R5D11

A public official convicted of violating the Act may be sentenced to up to one year in county jail. 51 O.S. § 24A.17.A.

The CPRA itself does not provide for the imposition of any penalties.

The PIA also provides for disciplinary action. § 10-623(e). The court must send a certified copy of its finding to the appointing authority of the custodian, upon a finding that the custodian acted arbitrarily and capriciously in withholding the public record. Id. Upon receipt of such a statement and after appropriate investigation, the appointing authority is required to take disciplinary action warranted under the circumstances. Id.

None.

The penalties of Colo. Rev. Stat. § 24-72-206 are the exclusive remedies available under the Open Records Act. Board of County Comm'rs v. HAD Enterprises Inc., 35 Colo. App. 162, 533 P.2d 45 (1974); Pope v. Town of Georgetown, 648 P.2d 672 (Colo. App. 1982). Thus, any person who willfully and knowingly violates the Open Records Act is guilty of a misdemeanor punishable by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ninety days, or both. There is no private right of action for violation of the Open Records Act.

Not available.

The Act provides for a civil penalty in two situations:

1. A civil penalty of “not more than $1,500” if an agency denied access to a public record “in bad faith.”

2. A civil penalty of “not more than $500 per day until the public records are provided” if the agency or public official “does not promptly comply with a court order.” Section 1305(a)(b).

The Act does not explicitly provide for criminal liability. Yet it provides for immunity from civil and criminal liability in certain circumstances.

A public agency may bring suit in Superior Court against anyone to whom the FOIC denied the right to appeal pursuant to §1-206(b)(2) and (3), seeking to enjoin the person from again bringing an appeal to the FOIC that would perpetrate an injustice or abuse the administrative process. If after an injunction is granted, the FOIC determines that such an appeal has been filed, the FOIC finding serves as a conclusive finding of violation of the injunction, entitling the agency to seek relief in Superior Court. Conn. Gen. Stat. §1-21l.

Not specified.

If it finds that a public body wrongfully denied access to public records, the court shall order the public body to provide the requested records at no cost to the prevailing party. R.I. Gen. Laws § 38-2-9.