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
Since OGIS opened in 2009, we’ve noticed that some FOIA Public Liaisons (FPLs) are not entirely clear about their role. The job title, created by Executive Order 13392 in December 2005, was codified in the OPEN Government Act of 2007, (5 U.S.C. § 552 (a)(6)(B)(ii) and (l)). One provision says that FPL’s are responsible for … Continue reading That’s Not My Job… or Is It?
When a requester wants access to records that are classified, he or she can choose to ask an agency to undergo Mandatory Declassification Review (MDR) of those documents rather than filing a Freedom of Information Act (FOIA) request. MDR requests allow the agency to give records a fresh look to see whether they might be … Continue reading Demystifying Declassification
If you’ve been a FOIA professional long enough, you’ve been papered. It makes one feel like the homeowner who discovers a toilet-papered yard the morning after Halloween – all trick, no treat. For FOIA professionals who haven’t been papered, here’s how it works: a requester will flood email inboxes, mail boxes and yes, even fax … Continue reading No Treat for Papering Agencies
FOIA’s Exemption 4 protects from disclosure commercial and financial information provided to the government by individuals and a wide range of entities – from corporations and banks to Native American tribes. The idea is to safeguard certain private business records in government files. About two dozen representatives of the agency and requester communities participated in … Continue reading Tips on Getting Down to Business
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