April 2003
Tips on Filing Public Records Requests
Ever run into a brick wall when you ask decision-makers
for information and they say "Yeah, I'll get it to
you" or "No, you can't have that information."
Give them a FOIA! The Freedom of Information Act can be
a tool that can get decision-makers to give you the information
you need and shifts the burden on them to provide you with
the information, not on you to keep running after it.
A few things to keep in mind when making a
public information request:
• Cite as many applicable public information
laws as possible. Many cities and most states have enacted
a version of the federal Freedom of Information Act. Be
sure to cite the law with jurisdiction over the agency of
interest. For example, cite federal law when contacting
the U.S. Department of Justice, but state law when contacting
the state department of corrections. To find out the law
in your state or city, contact the Governor's and Mayor's
offices.
• Legal language is good, but don't
overdo it. The request should sound professional and
knowledgeable. Too much improperly used legal jargon is
difficult to understand, and won't help.
• Be specific in your request.
Try not to ask for broad categories of information. Bad
example: "I would like documents about welfare to work."
Better example: "I would like documents detailing the
number of San Francisco TANF recipients removed from eligibility
at the end of their work term since January 2000."
• Never take "No" as a first
answer. Think about why they denied your request, then
reframe the question. Maybe you are not being specific enough.
Maybe you are being too specific. Maybe you have not been
clear.
• Don't blame the clerical worker.
People requesting public documents often get mistreated
by the office workers in charge of releasing the documents.
Keep in mind the context: Our right-to-know is underfunded.
Public officials NEVER personally handle public information
requests. They hand it over to clerical staff who usually
have too much to do already for too little pay.
• Don't let them confuse you.
Sometimes public employees will use jargon that confuses
or misdirects your request. Be clear and insistent on what
information you are looking for.
• When all else fails, call an attorney!
The American Civil Liberties Union or the National Lawyer's
Guild in your city or state are good places to go for help.
If government officials suspect that you have no power to
sue, they will often ignore your request. Once an attorney
is involved - even if you just c.c. her on the information
request - then officials act more cautiously. Also consider
contacting a sympathetic local official to put pressure
on the agency or see if you have a Public Ethic's Commission
that will put on some heat.
• You can always contact the
DataCenter for help. (800) 735 3741 x376 or datacenter@datacenter.org.
A joint project of the DataCenter's
Criminal Justice
Program & Youth
Strategy Project and Books
not Bars
