District of Columbia

Definition of Public Record

The term “public record” includes all books, papers, maps, photographs, cards, tapes, recordings, vote data (including ballot-definition material, raw data, and ballot images), or other documentary materials, regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Public records include information stored in an electronic format.

Exemptions to Public Records

The term “public record” includes all books, papers, maps, photographs, cards, tapes, recordings, vote data (including ballot-definition material, raw data, and ballot images), or other documentary materials, regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Public records include information stored in an electronic format.

Who Can Make a Request?

Anyone

Response Timeframe

The statute requires a response in 15 working days.

Information on Fees

Fees may be charged; full or partial waivers are available for public-interest and media requests.45 Search, review and copying fees cannot exceed the actual costs of searching, reviewing and/or copying records.

Enforcement Mechanisms

Administrative appeals must be made to the Mayor’s office under D.C. Code § 2-537(a), except that the mayor does not review appeals of denials by the D.C. attorney general or the D.C. legislative branch (the D.C. Council). The Mayor’s Office of Legal Counsel publishes D.C. FOIA appeals decisions online. The D.C. Office of Open Government will review complaints about agencies’ performance under the FOI statute. The office can issue advisory opinions but does not adjudicate specific cases. The office authority is in its establishment act D.C. Code § 2-593 and the office web page explains its role.

Attorney Fees

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