Today is Ombuds Day and we at the Office of Government Information Services (OGIS) celebrate our role as the federal Freedom of Information Act (FOIA) Ombuds. The OPEN Government Act of 2007 established OGIS and elevated the use of Alternative Dispute Resolution (ADR) in the FOIA process by directing agency FOIA Public Liaisons to assist in resolving disputes between requesters and agencies. The FOIA Improvement Act of 2016 strengthened that commitment, directing agencies to inform requesters of OGIS’s mediation services throughout the FOIA process, not just at the conclusion of the administrative process.
The American Bar Association designates the second Thursday of October as Ombuds Day. As confidential, impartial, and independent conflict management professionals, ombuds offer responsive and respectful services designed to help solve problems, develop options for conflict resolution, and reduce the human and organizational costs of conflict. Ombuds share three professional standards—confidentiality, impartiality, and independence, and three definitional characteristics—informality, credible review process, and fairness.
Since opening our doors in September 2009, OGIS has assisted tens of thousands of FOIA requesters and FOIA professionals—about 6,000 in fiscal year 2024. Our office provides three key areas as a part of our ombuds services.
OGIS’s Mediation Program
We offer dispute resolution services, including mediation and other informal processes such as facilitation to help FOIA work better for all. As part of this program, OGIS staff facilitates communication between parties to resolve—and prevent—disputes. We also provide ombuds services by providing information about the FOIA process and receiving general complaints and observations.
FOIA requesters and agencies may request our assistance in resolving a dispute at any point in the FOIA process. In accordance with the International Ombuds Association’s Code of Ethics, we are a designated neutral and do not take sides in a dispute or advocate on behalf of a requester or agency; rather, we advocate for the FOIA process itself. If you would like to learn more about our mediation program, check out our webpage.
OGIS’s Training Program
OGIS isn’t alone in providing FOIA dispute resolution services. Agency FOIA Public Liaisons are also required under the law to help prevent and resolve disputes. To support this role, we provide Dispute Resolution training for FOIA professionals, a free day-long class in which we teach valuable communications skills. If your agency is interested in scheduling a training session with our staff, please email us at ogis@nara.gov.
OGIS’s Compliance Program
OGIS reviews agency policies, procedures and compliance through an impartial lens as an advocate for the FOIA process. We do this by:
- assessing issues that we observe while assisting requesters and agencies with the FOIA process;
- offering assessments of individual agency FOIA programs;
- highlighting agency best practices;
- reviewing and commenting on proposed agency FOIA regulations;
- reviewing and suggesting improvements to agency FOIA materials;
- working with agencies when we observe policies and procedures that appear to OGIS to be inconsistent with FOIA law or policy; and
- reviewing government and non-government reports on FOIA activities and compliance.
We build on these activities through our agency assessment program in which OGIS reviews agency FOIA programs. This is accomplished by assessing agency FOIA programs and providing agencies with FOIA compliance reports; and assisting agencies in solving their biggest FOIA challenges as an advocate for the FOIA process. If you would like to learn more about our Compliance program, check out our webpage.