FOIA/Public Records exemptions?

[eisenmann372002]

Hey all; just a quick question. I took a CVSA a while ago and was told that I passed for a local government job. Are polygraph and/or CVSA results considered exempt from a Public Records Request? I believe that the Freedom of Information Act only applies to Federal (not state or local) agencies, but please correct me if I'm wrong. And even if they are exempt from "Public Records", shouldn't I be able to get the results of my own exam? I did request them but got a letter saying polygraph and CVSA exams are exempt, but I have reason to believe there may be other factors in their decision to not hire me. Thanks.

[George W. Maschke]

You're quite right that the Freedom of Information Act applies only to the federal government. Many states have similar public record access laws; exemptions to these will vary from state to state. The statutes of many states are available on-line; if you'd care to mention your state, I or others may be able to help you in tracking down the applicable law.

[eisenmann372002]

Thanks so much for the kind offer. I'm reviewing the Statutes for Florida (my state) as I type this. I would be most grateful for any help that can be given. The statute in question (assuming this is the most recent document) can be viewed at http://www.scenicflorida.org/pubflstchp119.html. The exemptions are listed under Chapter 119.07. Although it's long-winded, I can't seem to find any mention of polygraph/CVSA results at all. The closest I can find to an exemption regarding poly's is under 119.07 Sec. 3(a), which reads "Examination questions and answer sheets of examinations administered by a governmental agency for the purpose of licensure, certification, or employment are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution." It does go on to say that a person may view their OWN examination. Thanks again, very much!

[George W. Maschke]

You've found the applicable statute. It is indeed long. What exemption did the agency involved cite (as required by Section 119.07(2)(a))?

You might remind the public official who refused your request that Section 119.02 provides that:

"A public officer who knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."

[eisenmann372002]

Again, thanks for the info. My eyes were starting to cross from reading the hyperbabble in that one "brief" chapter. You are quite correct....and it's encouraging to know there are people out there willing to help. I'll let everyone know how it goes!