This legal glossary breaks down key terms used in open government laws, making public records, meetings, and transparency rights easier to understand. Whether you’re a first-time watchdog or seasoned advocate, these plain-language definitions help you navigate your rights with clarity and confidence
Agenda: A list of topics to be discussed at a public meeting. Most open meeting laws require that agendas be posted in advance and that citizens be allowed to attend and observe.
Appeal: If your request for public records or meeting access is denied or ignored, you can appeal to a supervisor, oversight agency, or court. Many states offer formal complaint processes or ombudsman support.
Custodian of Records: The person or office responsible for maintaining and providing access to public records. This could be a city clerk, school administrator, or department head. They must respond to requests lawfully and promptly.
Deliberation: The process of discussion and debate among members of a public body leading to a decision.
Executive Session: A private meeting of a public body, legally permitted only for specific topics defined by law.
Exemption: A legal reason why a record (or part of it) may be withheld from public view. Common exemptions include personal privacy, security concerns, or active investigations. Agencies must cite the specific law that justifies the exemption.
FOIA (Freedom of Information Act): The federal Freedom of Information Act, which governs access to records from federal executive branch agencies.
Freedom of Information: The general principle and legal right of the public to access government-held information.
Government in the Sunshine Act: The federal law requiring multi-member federal agencies to hold open meetings.
Injunctive Relief: A court-ordered remedy that requires a party to do or stop doing a specific act. It is often used in transparency and public records cases to compel government agencies to release documents, allow access to meetings, or cease unlawful practices. Injunctive relief can be temporary (preliminary injunction) or permanent, depending on the circumstances and the court’s ruling.
Litigation: The process of taking legal action in court; a lawsuit.
Open Meetings: Meetings of public boards, councils, or commissions must be open to the public, with advance notice and accessible locations. This includes workshops, hearings, and decision-making sessions — even if held virtually.
Open Meetings Laws: Laws that require government bodies to conduct their business in public.
Oversight Agency: A government office or nonprofit that helps enforce transparency laws. Depending on the state, this may include an attorney general’s office, ethics commission, or open government ombudsman.
Public Comment: Your right to speak at public meetings. Agencies may set time limits or rules, but they cannot silence lawful speech or retaliate against criticism.
Public Record: Any information, in any format, created or maintained by a government agency in the course of its public duties.
Public Records: Any material made or received by a government agency in connection with official business — including emails, texts, reports, photos, videos, and more. If it documents public work, it’s likely a public record.
Quorum: A quorum is the minimum number of members required to be present for a public body — like a city council, school board, or commission — to legally conduct official business or vote on decisions. Why It Matters: If a quorum isn’t met, the meeting can’t proceed lawfully. Holding discussions or making decisions without a quorum may violate open meeting laws and undermine transparency. Example: If a planning board has 7 members, and the quorum is 4, then at least 4 must be present for the meeting to be valid.
Reasonable Fees: Agencies may charge for copies or extensive staff time to fulfill a request, but fees must be reasonable and based on actual costs. Citizens can ask for a fee estimate before proceeding.
Reasonable Time: Most transparency laws require agencies to respond to public records requests within a “reasonable” time — not instantly, but without unnecessary delay.
Records Request: A written or verbal request for public records. You don’t need to cite the law or give a reason — just describe what you’re seeking. Requests can usually be made by email, mail, phone, or in person.
Redaction: Blacking out or removing exempt information from a public record before release. Agencies must explain why something was redacted and cite the legal exemption.
Statute: A written law passed by a legislative body. Sunshine laws and public records laws are typically codified in state statutes, which define your rights to access government meetings and documents. These laws vary by state but share a common goal: open, accountable government.