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Tracking Down Public Records

Tracking Down Public Records. SLA - June, 2003. A Primer on Freedom of Information. What are these FOIA laws?. one federal 50 state laws if gov’t has a record, you can see it. Why have them?. informed citizens=better democracy citizens and media can watchdog gov’t

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Tracking Down Public Records

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  1. Tracking Down Public Records SLA - June, 2003

  2. A Primer on Freedom of Information

  3. What are these FOIA laws? • one federal • 50 state laws • if gov’t has a record, you can see it

  4. Why have them? • informed citizens=better democracy • citizens and media can watchdog gov’t • citizens can track how taxes are spent • i.e. these are the citizen’s records!

  5. What can you get? • Information?

  6. What can you get? • Information?

  7. What can you get? • Information? • Records! • -documents, photos, film, video, discs

  8. What can you get? • Information? • Records! • documents, photos, film, video, discs • always presume you have a right – make them prove you don’t

  9. Is nothing sacred? • Yes, a few exemptions • State laws: • personal medical info negotiations • trade secrets crime info during invest. • names of informants exam answers

  10. Federal law exemptions • nat’l security • internal agency personnel rules • catch-all – recs exempted by other laws • trade secrets • internal agency memoranda/policy • personal privacy • law enforcement investigations • federally regulated banks • oil and gas wells

  11. Federal law exemptions • nat’l security • internal agency personnel rules • catch-all – recs exempted by other laws • trade secrets • internal agency memoranda/policy • personal privacy • law enforcement investigations • federally regulated banks • oil and gas wells not mandatory!

  12. Who has access? • citizens, not just media

  13. Records from whom? • public bodies and gov’t agencies of executive branch fed FOIA doesn’t cover Congress most state laws don’t cover state legislature or judicial branches • other laws may cover them, however

  14. How? • Oral request

  15. How? • Oral request • Written request more common

  16. When can you get records? • Fed: 20 business days • but….. • States: most are 10 business days

  17. Common Problems • officials don’t know law • staff overworked and behind • stalling on newsworthy or embarrassing records

  18. Archive of all records auditsat Univ. of Missouri

  19. Practical Tips and Strategies

  20. 1. Take a positive approach • Presume you can get the record! • make them prove what law says you can’t! • Maintain a can-do attitude

  21. 2. Do your homework on the law • Have a copy of the law • Learn previous rulings/practices on specific records • “Tapping Officials’ Secrets”

  22. 2. Do your homework on the law • Get the state guidebook • Check for other state resources • www.nfoic.org • Have a copy of the law • Learn the law on specific records • “Tapping Officials’ Secrets”

  23. 2. Know the law • Get resources • Check for other state resources: • www.nfoic.org • Compare state laws: • www.citizenaccess.org • Review law and exemptions • Learn the law on specific records • states: “Tapping Officials’ Secrets”

  24. RE: Security and Safety Plans/Procedures

  25. RE: Security and Safety Plans/Procedures

  26. Federal E-FOIA (1996) • multi-track processing(some agencies) • simple – complex – expedited • requires new databases be designed for easy retrieval • requires on-line info • index & description of “major information systems” • description of the “record locator systems” • frequently requested records

  27. 1. Keep positive approach • 2. Do your homework on the law

  28. 3. Write a simple letter • Right agency (ies); Right person • state: records access officer or a manager • fed: agency contact person

  29. 3. Tips on letter writing • Right agency (ies); Right person • records access officer or a manager • The more specific, the faster (usually) • “any and all documents related to…” • send a copy of the form needed • Expect to pay minimal copying costs • Fed: ask for a fee waiver see sample letter in packet

  30. Letter generators • states: Student Press Law Center • http://www.splc.org • federal: Reporters Committee for Freedom of the Press • http://www.rcfp.org

  31. 4. Be persistent • Call for the status • Find out who’s handling it • If turned down: demand a reason • Negotiate • A look, rather than a copy • A summary first • Okay deletions of unnecessary info • Appeal

  32. 5. Try other routes • An inside source • Another department at same level • An agency at a higher level • Gov’t library • On-line sources

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