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Slide 2 Getting the goods JAWS 2014 Slide 3 Get records Continue to request public records. Request them long before you have to have them Think beyond documents Digging in Slide 4 Try the informal approach first If they require a formal request, find out who it should go to and what you should ask for Describe what youre asking for Request an itemized cost estimate (except TX) Provide all possible contact information Note that youre willing to negotiate Ask for a fee waiver, expedited review Consider inspection rather than copies Make the ask Slide 5 Know what youre looking for. Know what they can charge you for records. Checking FOIA annual reports For state records, check prior court decisions, AG opinions Do your homework Slide 6 Follow up on requests. Do not let a sleeping request lie. If you are denied, appeal. They dont have to give you information just records Federal FOIA doesnt cover: Congress, courts, answers to questions, the President. Some of these are covered by other laws. Follow Slide 7 Exemptions 1. National Security 2. Internal agency personnel rules 3. Info exempt under other laws 4. Trade secrets and confidential commercial info 5. Internal agency memoranda and policy discussions 6. Personal privacy Slide 8 Exemptions 7. Law enforcement investigations 8. Federally regulated banks 9. Oil and gas wells Slide 9 Just another way of saying no Huge costs Delay tactics Oh, you silly little journalist Sending you the wrong thing Your request was unclear HIPAA Privacy Privatization Slide 10 Many are similar to FOIA but differ as what organizations are covered, exemptions and procedures. Know the administrative appeal process, if one exists Get copies of blank forms Retention schedules Learn the paper trail of whatever process youre investigating State Records Slide 11 Massachusetts municipal records retention: http://www.sec.sta te.ma.us/arc/arcpd f/MA_Municipal_R ecords_Retention _Manual.pdf http://www.sec.sta te.ma.us/arc/arcpd f/MA_Municipal_R ecords_Retention _Manual.pdf Slide 12 Turning No into Yes Be persistent Who else has the same records? Check retention schedules Ask for documentation for electronic records Write about it Slide 13 Slide 14 Slide 15 Slide 16 Slide 17 Negotiating: Some examples Slide 18 Our database is on a mainframe and its very complicated, Missy Slide 19 Slide 20 We dont have the authority to do that Slide 21 Slide 22 That will cost $25,000. Slide 23 Slide 24 We have processed your request. The labor cost for the request is as follows. Item # of hours RESEARCH 20 CREATING FILES 6 CODING24 TESTING 4 Total (54 X$72) = $3,888.00 Slide 25 111.67. Estimates and Waivers of Public Information Charges (a) A governmental body is required to provide a requestor with an itemized statement of estimated charges if charges for copies of public information will exceed $40, or if a charge in accordance with 111.65 of this title (relating to Access to Information Where Copies Are Not Requested) will exceed $40 for making public information available for inspection. A governmental body that fails to provide the required statement may not collect more than $40. The itemized statement must be provided free of charge and must contain the following information : Slide 26 We only keep the information for 7 days Slide 27 Slide 28 That uses proprietary software. Slide 29 Slide 30 We dont keep that on computer Slide 31 Okay, we do, but its a lot of files Slide 32 That information is protected by law Slide 33 Slide 34 Slide 35 Slide 36 Slide 37 Slide 38 Slide 39 Investigative Reporters and Editors www.ire.org/foiawww.ire.org/foia The Reporters Committee for Freedom of the Press: www.rcfp.org www.rcfp.org FOIA Machine Justice Departments FOIA page (includes links to FOIA officials and annual reports) -- http://www.usdoj.gov/04foia/index.html http://www.usdoj.gov/04foia/index.html Resources