FEC Adopts Agency Policy On Disclosing First General Counsel Reports

The Federal Election Commission (“FEC”) released the final version of its new agency policy requiring the disclosure of First General Counsel Reports at the close of an enforcement matter.  The First General Counsel’s Report contains the staff analysis and recommendations concerning how to proceed in an enforcement matter.  Historically, the FEC would include the First General Counsel’s Report on the public file with rest of the enforcement matter documents.  In 2006, however, the FEC ceased placing the Reports on the public file for some unknown reason.  According to the policy:

In the interest of promoting transparency, the Commission is resuming the practice of placing all First General Counsel’s Reports on the public record, whether or not the recommendations in these First General Counsel’s Reports are adopted by the Commission. . . . Until such time as all previously undisclosed First General Counsel’s Reports have been placed on the public record, the Commission intends to approve any FOIA request seeking a First General Counsel’s Report or accompanying F&LA that has not yet been placed on the public record, but reserves the right to redact portions of such documents consistent with the Act, the principles articulated by the court of appeals in AFL–CIO, and subject to the Commission’s authority to withhold material under an exemption set forth in the FOIA.

This entry was posted in FEC and tagged . Bookmark the permalink.