| How to get FOIA records FASTER
Published: June 09, 1999
Last Updated: August 19, 1999
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How to get FOIA records FASTER
FOIA requests have become so numerous at most federal agencies that
the wait to get a request processed can be as high as four years. The Justice
Department, in particular, receives so many requests for huge amounts of
information that it's "killing the system," said former Justice Department
spokesman Carl Stern, now a professor of media and public affairs at George
Washington University in Washington, D.C.
Stern said there are 750 Justice Department employees assigned to fulfill
FOIA requests, but the backlog still is long. Requests generally are processed
in the order in which they are received.
Stern and others have suggested avoiding a formal FOIA request to obtain
the needed information if possible.
In some cases, both reporters and citizens can avoid such a request
by taking other routes to the information.
If a request asks for everything on a subject, for instance, it's going
to take a long time. Often requests are overly broad because the requester
doesn't know what records an agency has.
A requester would do better to talk to an agency's public affairs office
to explain what he really wants to know. Such a narrowed request often
can be fulfilled by the public affairs office quickly without the need
for a formal FOIA request, Stern said.
"You should encourage tighter requests," he said. "If they ask for everything
we've got, they're going to have to wait."
For instance, if the requester needs copies of certain letters, reports
or audits that are covered by FOIA, the public affairs officer can send
them out without a FOIA request.
"It's an alternative to the FOIA route that still uses the FOIA standards
but gives a reasonable document request in a timely manner," said Stern.
Tony Mauro, Supreme Court reporter for USA Today, agreed with Stern
that the first phone call should be to determine whether the information
is available without a FOIA request.
"At many agencies, a public-minded bureaucrat will sometimes help you
get the documents or at least help you fashion a request to improve your
chances for quick success," he advises in a tip sheet for reporters.
However, not all public affairs offices are willing to cooperate.
Elizabeth Marchak, a Washington reporter for The Plain Dealer in Cleveland,
said she filed more than 65 FOIAs with the FBI, Federal Aviation Administration
and other agencies in the last two and a half years for her award-winning
investigation of ValuJet safety violations.
"Some were complied with in a relatively short space of time. Some have
been in the works for more than two years with no signs of getting resolved,"
she said.
"I've found some FOIA officers who really love to help reporters who
write frequent and detailed FOIAs. They call with suggestions, gossip,
file numbers, encouragement," said Marchak. "They seem to take great interest
in FOIAs that ask for information others aren't looking for. Then there
are those who it appears to me almost gleefully withhold information, as
if to say, 'If you want it, sue me.' "
Marchak, like Stern, said knowing how to write FOIA requests is critical.
"And writing appeals is even more critical. Sometimes they make honest
mistakes. Sometimes they are just testing you to see what they can put
over on you," she said.
Strategies
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Sunshine Laws | Reasons
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Examples
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Reasons to Use Your Federal Open-Government Laws
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