Open records requests are essential to journalists and open a window to the public about their government’s inner workings. Here are a few tips from Institute programs, to assist in gaining access:
The work starts before you file
- Call the agency to see if you can get the data without filing a request.
- Ask if search fees can be waived because your reporting is in the public interest.
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Ask about regular reports the agency is required to make to the state or federal government.
- Ask about financial documents, contracts, bond documents — anything that backs up payments to vendors, employees, or elected officials.
Know and understand the gatekeeper
- Get to know the official who is the records gatekeeper.
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Always put yourself in that FOIA officer’s shoes. Be as clear and concise as possible.
- Ask the official what is generally available, how they retain the records, and how long records are available.
Invest time in formulating your request
- FOIA and records requests apply to existing documents; do not ask in a request whether certain documents or records exist.
- The request must “reasonably describe” the records.
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Be specific: Include keywords, custodians, date ranges, domains, etc.
- Find and use the exact names for forms or documents you are seeking.
- Avoid ambiguity (words like “related to”).
Strategize timing for the agency’s response
- Seek expedited processing - make a strong case for the public’s right to know.
- In principle, the agency must make a “determination” within 20 business days.
- In “unusual circumstances,” the agency may extend that deadline, usually by no more than 10 additional business days.
- The agency doesn’t necessarily have to give you records then, but it has to tell you when it will do so.
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Ask for an estimated date of completion.
Tips curated from “Keeping Public Records Public: Strategies for getting access during the pandemic.” Watch here.
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