We receive a number of requests for assistance from FOIA requesters seeking an estimated completion date for their delayed FOIA requests. When we contact agencies for the estimated completion date, we sometimes get some pretty strong pushback. That’s understandable, since nobody wants to go on record making a promise when lots of variables beyond his/her … Continue reading Estimating Completion Dates for FOIA Requests: Tips for Agencies
The following post is from OGIS Director Miriam Nisbet: The Freedom of Information Act directs OGIS to recommend “policy changes to Congress and the President to improve the administration” of FOIA. Since late 2009 when OGIS opened as part of the National Archives and Records Administration, the Office has looked for and shared ways to … Continue reading Improving FOIA
Describing the scope of a FOIA request -- and on the agency’s side, interpreting the scope of that request -- often feels like more art than science. Requesters naturally describe requests in expansive terms to be sure that they don’t exclude potentially valuable information. On the other hand, agency FOIA staffers often feel like they … Continue reading Scoping Out a Successful FOIA Request
In last week’s post we discussed the difference between positions and interests. In brief, positions are what an angry person presents during a confrontation; interests are the secret, unmet needs that anyone in a dispute may be reluctant to share. We also learned that the only way to move toward a resolution is to discuss … Continue reading Difficult Conversations, Part 2: How do we get there from here?
As part of providing mediation services to resolve FOIA disputes, we OGIS staffers regularly have conversations that can be characterized as “difficult.” We listen to FOIA requesters who are furious about delays or denials. We also hear from agency FOIA professionals who are defensive about agency practices or frustrated by overly persistent requesters. Thanks to … Continue reading Difficult Conversations, Part 1: Interests vs. Positions
While Sunshine Week provides many opportunities to celebrate open government achievements, it also provides the perfect context to reflect upon changes that could improve FOIA. Think of it as a little spring cleaning. Since opening in September 2009, we’ve worked with agencies and requesters on more than 1,500 FOIA matters, giving us a unique perspective … Continue reading Tidying Up
Since opening in late 2009, we’ve received requests for assistance from requesters and agencies at every stage in the FOIA process. We’ve heard from requesters planning to sue within days of contacting us and we have heard from agencies asking for help communicating with just such a FOIA requester. While we do our best to … Continue reading Striving for Perfect Pitch: OGIS and Agencies’ Administrative Processes
My name is Jean Whyte, and I serve as Director of the National Archives and Records Administration’s Alternative Dispute Resolution (ADR) program. I’ve been invited to write this guest post about the intersection of FOIA and ADR and why I believe these two are made for each other. First, a little about our couple: Freedom … Continue reading FOIA and ADR: Will You Be My Valentine?
In the course of our work as the FOIA Ombudsman, we regularly hear from agencies and requesters about FOIA practices that work well. We also hear about practices that don’t work as well. Too often, such problems result in legal action by requesters. We have observed that the following agency practices can be “litigation invitations”: … Continue reading How to Invite a FOIA Lawsuit
Back in May, we posted a recommendation on this blog regarding referrals. We’d recently had several OGIS cases in which agencies making referrals neither identified the name of the agencies to which they referred requests nor offered to assist requesters in determining the status of the referred requests. The requests appeared to have disappeared into … Continue reading What’s Up with Referrals? Redux
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