SB 836 Summary

• Establishes a reconsideration process for denied FOIA requests: requesters can submit a written appeal to the public body's LORA coordinator within 10 business days, which must result in reversal, partial reversal, or upholding of the denial.

• Creates a Council Administrator appeal mechanism allowing requesters to challenge denials to an independent administrator within 180 days if the LORA coordinator fails to respond or upholds the denial.

• Requires Council Administrator to expedite appeals and determine whether records are wrongfully withheld; charges a maximum $75 appeal fee unless the requester qualifies for a fee waiver.

• Establishes similar procedures for challenging excessive fees: requesters can request fee reductions from the LORA coordinator (10 business days) or appeal to the Council Administrator (45 days), with a maximum $50 appeal fee, waived if the requester wins a 50% or greater reduction.

• Authorizes the Council Administrator to recommend disciplinary action against public bodies found to have arbitrarily and capriciously violated FOIA by wrongfully denying records or charging excessive fees, with recommendations made public within 5 business days.