State records commissions
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In an attempt to reduce the number of open records lawsuits hitting the dockets of state courts every year, a number of states have adopted records commissions to provide an intermediate step in resolving records disputes or to assist in determining records preservation and destruction schedules. The powers of these records commissions include powers ranging from setting policy on the maintenance and destruction of records, to advising the legislature on new laws, to actually determining if records are subject to exemption and conducting investigations and hearings on records denials. Fourteen states possess records commissions. Connecticut, Hawaii, Illinois, Maine, Pennsylvania and Utah (6) all have records departments with the power to settle disputes. Alabama, Georgia, Maryland and Tennessee (4) all have commissions which regulate retention and destruction schedules. The remainder have advisory commissions dealing with both standard FOIA questions and FOIA problems relating to new technology. This page is dedicated to tracking the progression of the growth of this new wave of records commission.
Alabama
The Alabama Records Commission was established by the Alabama Public Records Law in order to determine which records to keep and which are to be destroyed.
The Alabama Local Government Records Commission was established as an extension of the Alabama State Records Commission in order to deal with local governmental records.
Alaska
Alaska does not have a state records commission.
Arizona
Arizona does not have a public records commission.
Arkansas
Arkansas does not have a public records commission.
California
California does not have a public records commission.
Colorado
Colorado does not have a public records commission.
Connecticut
The Connecticut Freedom of Information Commission was established by Connecticut statute in order to investigate, try and punish open records and open meetings violations.
Delaware
Delaware does not have a public records commission.
Florida
The Florida Commission on Open Government was established by executive order as a temporary committee whose purpose was to evaluate and make recommendations on the Florida Sunshine Law.
Georgia
Georgia State Records Committee
The Georgia State Records Committee was established by the Georgia Open Records Act in order to approve or alter retention schedules proposed by state agencies.
Hawaii
Hawaii Office of Information Practices
The Hawaii Office of Information Practices was established by the Hawaii Uniform Information Practices Act in order to better assist the state in enforcing the state's open records laws.
Idaho
Idaho does not have a public records commission.
Illinois
The 2009 FOIA revisions established the role of the Illinois Public Access Counselor as a position under the Office of the attorney general.
Indiana
Indiana does not have a public records commission.
Iowa
Iowa does not have a public records commission.
Kansas
Kansas does not have a public records commission.
Kentucky
Kentucky does not have a public records commission.
Louisiana
Louisiana does not have a public records commission.
Maine
The Maine Right To Know Advisory Committee was established by the Maine Freedom of Access Act in order to better assist the state in developing public records policy and training as well as settling disputes concerning questions of law.
Maryland
The Maryland Records Management Division was established by the Maryland Public Information Act in order to better assist the state in determining what records should be preserved for historical interest and what records should be destroyed. While they do not hold hearings or decided cases about open records violations, they do possess a considerable amount of historical power, shaping what records are preserved by the state and permitting the destruction of current records.
Massachusetts
Massachusetts does not have a public records commission.
Michigan
Michigan does not have a public records commission.
Minnesota
Minnesota does not have a public records commission.
Mississippi
Mississippi does not have a public records commission.
Missouri
Missouri does not have a public records commission.
Montana
Montana does not have a public records commission.
Nebraska
Nebraska does not have a public records commission.
Nevada
Nevada does not have a public records commission.
New Hampshire
The New Hampshire Right-to-Know Oversight Commission was established by the New Hampshire Right to Know Law in order to better assist the state in evaluating the open records law regarding electronic communication and expand the law to account for new technological developments.
New Jersey
The New Jersey Government Records Council was established by statute and is charged with enforcing the provisions of the [[New Jersey Open Public Records Act.
New Mexico
New Mexico does not have a public records commission.
New York
The New York Committee on Open Government was formed by statute to oversee New York Freedom of Information Law and New York Open Meetings Law and advise on transparency questions.
North Carolina
North Carolina does not have a public records commission.
North Dakota
North Dakota does not have a public records commission.
Ohio
Ohio does not have a public records commission.
Oklahoma
Oklahoma does not have a public records commission.
Oregon
Oregon does not have a public records commission.
Pennsylvania
The Pennsylvania Office of Open Records (OOR) is a state run agency in Pennsylvania formed with the goal of enforcing the state's open records law.
Rhode Island
Rhode Island does not have a public records commission.
South Carolina
South Carolina does not have a public records commission.
South Dakota
South Dakota does not have a public records commission.
Tennessee
The Tennessee Public Records Commission was established by the Tennessee Open Records Act in order to better assist the state by establishing records retention and destruction schedules. While they do not hold hearings or decided cases about open records violations, they do possess a considerable amount of historical power, shaping what records are preserved by the state and permitting the destruction of current records.
The Tennessee Office of Open Records Counsel is a state-run office aimed at assisting citizens in gaining access to open records in Tennessee.
Texas
Texas does not have a public records commission.
Utah
The Utah State Records Committee was established by the Utah Government Records Access and Management Act in order to better assist the state in enforcing the open records act by approving records retention and disposal schedules and holding hearings to decide appeals for records requests.
Vermont
Vermont does not have a public records commission.
Virginia
The Virginia Freedom of Information Advisory Council was established by the Virginia Freedom of Information Act as an advisory council to the legislature, in order to better develop policy and facilitate compliance with the law.
Washington
The Washington Sunshine Committee (officially known as the Public Records Accountability Executive Committee) is a committee formed in the state of Washington to examine exemptions to the state's Washington Public Records Act. When the Public Disclosure Act was approved by voters by initiative in 1972 there were only 10 exemptions to it. In 2007 when Attorney General Rob McKenna proposed the formation of the Sunshine Committee there were over 300 exemptions.[1]
A number of public agencies have recommended starting a public records office.
West Virginia
West Virginia does not have a public records commission.
Wisconsin
Wisconsin does not have a public records commission.
Wyoming
Wyoming does not have a public records commission.
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