Council presses law department on FOIA backlog and previously budgeted paralegal funding

Council member Angela Whitfield Calloway asked the law department for details about Freedom of Information Act (FOIA) workload, response times and why a previously budgeted paralegal position for FOIA processing was not used.

Conrad Mallett and the department’s FOIA lead said the law department handled about 9,754 FOIA requests in the prior calendar year and that the number of requests has grown. The law department said that in many instances delays stem from departments providing materials to the law office rather than from the law office’s ability to produce records once received.

Mallett said the department is improving intake and is increasing coordination with client departments. He acknowledged large, resource-intensive requests — including an elections-related request — and said the law department will supplement clerk work with paralegals to prevent production gaps.

Calloway noted that $75,000 was budgeted for a paralegal in previous cycles but that the position was not filled; she moved to place FOIA matters into executive session to review backlog numbers, statutory timelines and any fines the city has paid for late responses. The council chair called for objections; none were voiced and the body recorded that the action would be taken.

Why it matters: FOIA response performance carries legal risk and potential fines if statutory timelines are missed; council members said the city should avoid costly late-production penalties and improve the department-to-law-office workflow.

Ending: The law department said it would provide a written timeline, the number of open requests and an accounting of any fines or litigation tied to FOIA production, and that it would coordinate with client departments to speed delivery of requested records.