A handout from longtime investigative reporter Frank X. Mullen of Reno, Nevada, discussion on why and how to be an effective open-records hunter, with special emphasis on the Nevada open-records law. This presentation -- Seven Habits of Highly Effective Open-Records Users -- was part of the Las Vegas NewsTrain on Oct. 10-11, 2014. Please see associated handouts: Document Scanners, FOIA Tipsheet from IRE, Nevada Open-Records Law Procedures, Open-Records Resources and True-False on Nevada Public Records Law. NewsTrain is a traveling workshop for journalists sponsored by Associated Press Media Editors. For more information, visit http://www.apme.com/?AboutNewsTrain

1. Mark Caramanica
FOI Director, The Reporters Committee for Freedom of the Press
1101 Wilson Blvd, Suite 1100
Arlington, VA 22209
(703) 807-2100
mcaramanica@rcfp.org
www.rcfp.org
FOIA Tip Sheet
1. File FOIAs months (even years) before you expect to start on a project. Federal FOIA requires agencies to respond to records requests within 20 days but in practice that deadline is almost never met. Anticipate long delays and plan accordingly.
2. Use certified mail if making requests by mail. Email and fax may help speed your request along. Keep detailed records of every step of the process in a spreadsheet for every request you make. Include the following information in your spreadsheet: (1) when the request was made; (2) what was requested; (3) who the request was sent to; (4) when the agency must legally respond; (5) records of all communications (letters, telephone conversations, e-mails, etc…) subsequent to filing the request including who you communicated with and what was covered. In subsequent communications, make clear that you are not altering your original request unless you clearly intend to do so.
3. As a member of the media, ALWAYS request a fee waiver and expedited review. The Reporters Committee FOIA letter generator contains all the necessary key phrases to make such requests. Find it at http://www.rcfp.org/foia/
4. Think about the kind of documents that would be important to your story. Do your research before sending a request. Know what documents you want and where they may be held beforehand. Give the FOIA officer enough information about the records you are requesting so they can be retrieved quickly. Do not let your request be denied because it is vague or overly broad to an absurd extent. However, a broader request than what is necessary is not per se bad and can be used strategically. It can give you some room to negotiate a narrower request later and makes you appear reasonable.
5. Know your beat. Get to know the FOIA officers and the agency practices on your beat. Ask if it would be possible to “shadow” them to learn what records are kept by the agency, how they are indexed and stored and how FOIA requests are processed. Do not assume an adversarial posture. You can be persistent with your demands but always treat them with respect. Understand that FOIA offices are often understaffed.
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Tipsheet #3439

2. 6. If you are not eligible for a fee waiver, do not automatically accept an agency’s estimated cost of complying with your request. Before going forward with processing, request that the agency break down and itemize the figure if it seems too high. Consider reviewing the documents in person to save on copy fees or bringing your own copy equipment to the agency. To that end, always state in your request letter the maximum you would be willing to pay for your request and that the agency should contact you before processing if the estimated costs exceed your maximum.
7. Make FOIA a regular part of your reporting so that you can stay on top of developing stories. Any records that are routinely produced such as budgets, calendars, annual/monthly reports, etc… should be routinely requested.
8. Note that agency’s are empowered to make discretionary disclosures even if the materials requested are technically exempt from FOIA. Urge the agency to refrain from redaction and/or nondisclosure. Cite President Obama’s and Attorney General Holder’s directives on open government calling for broad disclosures and presumptions of openness. Find them here:
http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment/
http://www.whitehouse.gov/the_press_office/FreedomofInformationAct/
http://www.justice.gov/ag/foia-memo-march2009.pdf
Some FOIA Resources
1) The Reporters Committee for Freedom of the Press: http://www.rcfp.org/foia/
The RCFP website contains a wealth of material on access to government records and meetings including: (1) publications regarding how to navigate the federal FOIA and laws restricting access; (2) the Open Government Guide, a comprehensive database comparing numerous facets of open records/meetings laws across the 50 states; and (3) an automatic FOIA request letter generator.
2) The Art of Access, Strategies for Acquiring Public Records, David Cullier and Charles Davis, CQ Press.
An instructive guide that goes beyond the legal aspects of access to discuss, among other things, how to use government records in reporting, strategies for interacting with government officials and how to discover what information the government collects and how it is maintained.
3) National Freedom of Information Coalition: http:www.nfoic.org
4) U.S. Department of Justice, Office of Information Policy FOIA materials: http://www.justice.gov/oip/oip.html
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3. 5) Government Attic: http://governmentattic.org/
Tremendous archive of government documents released under FOIA that are freely accessible to the public
6) GWU National Security Archive: http://www.gwu.edu/~nsarchiv/
Publishes declassified documents obtained under FOIA
7) The Sunshine in Government Initiative: http://www.sunshineingovernment.org/
A coalition of media groups (AP, AAN, ASNE, NAA, NAB, NNA, RCFP, RTNDA, SPJ) dedicated to promoting openness in government.
©2010 - Duplication prohibited without permission from Investigative Reporters and Editors, Inc.