FOIA Request Clause Samples
A FOIA Request clause outlines the procedures and obligations related to requests for information under the Freedom of Information Act (FOIA). This clause typically specifies how parties should handle government or third-party requests for disclosure of contract-related documents, including notification requirements and any steps to protect confidential or sensitive information. Its core function is to ensure compliance with legal disclosure obligations while safeguarding proprietary or confidential data from unnecessary public release.
FOIA Request. The District agrees to notify the employee in writing when the District receives a request for all or part of that employee's personnel file under the Freedom of Information Act. The employee will be provided opportunity to review the contents before the release of the file and may request Association representation in this review. Only information allowed under the FOIA and ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ Employee Right to Know Act and other federal and state laws will be released. The employee may be present when the requesting party examines the file. The District and Association recognize that this Agreement is based on their mutual understanding of current law and they agree to meet to discuss changes should further judicial proceedings or legislative action so require.
FOIA Request. Upon receipt of a FOIA request for all or part of an employee’s personnel file, the district will promptly notify the employee and Association of the request. The district will also notify the requesting party that disclosure will not occur until the last business day permitted by law. The district will meet with the employee and, if requested by the employee, an Association Representative, to review the documents the district intends to disclose before they are to be disclosed. The parties recognize that under the exceptions provided under Section 13(1) of the Freedom of Information Act and under the ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ Employee Right to Know Act, and other federal and state laws, certain material may be redacted from the file prior to its release. In the event of any legal action against the district brought in a court or administrative agency because it withheld document(s) at the Association request, Association agrees to defend such action, at its own expense and through its own legal counsel, provided:
a. The District gives timely notice of such action to the Association and does not object to the Association’s intervention as a party if it so desires; and
b. The District gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and appellate levels; and
c. The Association shall have complete authority to compromise and settle all claims that it defends under this section. The Association agrees that in any action so defended, it will indemnify and hold harmless the District from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the district’s compliance with this section.
FOIA Request. The Parties acknowledge and understand that CCH is part of a public body that is required to comply with the Illinois Freedom of Information Act (“FOIA”). (5 ILCS 140 et seq.).