How to FOIA video from VCOG
From the Virginia Coalition for Open Government.
Topics: FOIA - How to/InfoPosted on 04.24.2009 @ 09:49 AM by Tim.
Permalink for Emails
Topic: FOIA - How to/Info
Federal guidelines for FOIA changed
Many of you know I feel strongly about transparency in government.
Great news from the top:
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release January 21, 2009
January 21, 2009
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Freedom of Information Act
A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, “sunlight is said to be the best of disinfectants.” In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.
The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.
All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.
The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.
I direct the Attorney General to issue new guidelines governing the FOIA to the heads of executive departments and agencies, reaffirming the commitment to accountability and transparency, and to publish such guidelines in the Federal Register. In doing so, the Attorney General should review FOIA reports produced by the agencies under Executive Order 13392 of December 14, 2005. I also direct the Director of the Office of Management and Budget to update guidance to the agencies to increase and improve information dissemination to the public, including through the use of new technologies, and to publish such guidance in the Federal Register.
This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA
# # #
Topics: FOIA - How to/Info
Posted on 01.22.2009 @ 02:06 PM by Tim.
Permalink for Emails
FOIA Office of VB recent award winner - help nominate them again
Congrats to Chris & most recently Nancy for their award, and in particular for helping us with our FOIA requests!
From the Virginia Coalition for Open Government:
Most recent award winners include: The City of Virginia Beach’s Freedom of Information Office Virginia Beach, the state’s first local-government FOI office in August 2003. The office has handled nearly 3,000 FOI requests, produced more than 46,000 requested documents and aided inspection of thousands more, and provided space for easy record review just a few steps from City Council’s meeting chambers[.]
How to nominate for this year:
Topics: FOIA - How to/Info SDCC News & Info Shore Drive NewsCall for 2007-2008 VCOG FOI Award Nominations
Nominations are now being accepted for VCOG’s 2006 Freedom of Information Awards.
Entries should be submitted by April 22nd to
VCOG, Box 1293, Warrenton, VA 20188 or .(JavaScript must be enabled to view this email address).Awards are given for outstanding efforts by citizens, media and government to keep government meetings or records open to the public.
Posted on 03.27.2008 @ 11:22 AM by Tim.
Permalink for Emails
City Contact Info - Freedom of Information Specialist
The City has a staff member, Nancy Bloom, who can help with FOIA [ Freedom of Information Act ] requests.
According to Virginia State Law, it is not required to contact Ms. Bloom with FOIA requests. Any Virginia Beach citizen has the legal right to ask virtually any staff member for public records.
Nancy Bloom
Freedom of Information Specialist
Office of the City Attorney
Building 1 - Room 260
2401 Courthouse Drive
Virginia Beach, VA 23456-9004
Direct - 427.4531
Fax - 426.5687
.(JavaScript must be enabled to view this email address)
Posted on 05.01.2007 @ 09:05 AM by Tim.
Permalink for Emails
FOIA filing with the city ‘101’
A primer of FOIA, or the Freedom of Information Act.
The following info is intended as a synopsis of how the City views complying with the Virginia State Code for FOIA, or the Act.
Public Records:
“All writing and recordings that consists of letters, words or number, or their equilvalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechangical or electronic recording or other form of data compilation, however stored, regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business.” Whew. Va. Code 2.2-3701
Examples of Public Records:
+ email
+ video & audio tapes
+ a note written with a crayon on a napkin
+ computer data
+ draft documents
Requests for Documents:
+ Any Virginia citizen who is not in jail or prison, or any member of the press, may make a FOIA request.
+ A request for documents need not be in writing, and the requestor is *not* required to cite the Act or refer to the request as a FOIA request. If a Virginia citizen asks for a document, she has made a FOIA request.
+ The motive of the requestor is irrelevant under the Act.
+ The requestor must identify the records she seeks woth “reasonable specificity”.
Example: A request for “anything that might help me when I sue the City” is not reasonably specific, but a request for “any documents referencing street repairs since 1995 on the 2600 block of Atlantic Avenue” is reasonably specific.
+ The City employee is authorized to ask the requestor questions to clarify the request.
Responses to Requests for Documents:
Within 5(five) working days of the receipt of the request…
+ documents should be provided
+ exemptions cited in writing for withholding some or all the requested documents
+ a notice requested in writing asking for an additional 7(seven) days to respond
+ a request for a deposit if the cost to respond will likely exceed $200
Costs:
+ actual cost incurred in accessing, duplicating, supplying or searching for the requested records
+ search time should be assessed at the lowest compensated hourly rate of the department employee who has the sufficient degree of familiarity with the requested documents
+ no searches should be billed at the hourly rate of a department director
Exclusions:
+ the Act does contain a list of excluded documents
+ another provision of state or federal law explicitly prohibits the release of a document
+ exclusions must be narrowly construed
Examples of Exclusions:
+ personnel records
+ medical and mental health records
+ library records
+ tax returns
+ ...and several more
Plus working papers of the city manager prepared by or for the city manager for his personal or deliberative use. If the document[s] are shared with anyone else - it loses its exempt status. Draft document are working papers *only* if they meet the above-defined criteria.
Enforcement:
+ any person who believes a public body or public official has violated the Act may file suit in general district or circuit court.
+ the case must be heard with 7(seven) days of filing
+ the public body has the burden of establishing by a preponderance of the evidence that a record is exempt from the requirements of the Act.
====================================================
The above primer is, again, intended as a synopsis of how the City complies with the Act.
May we recommend contacting the City staff person, officer, etc who you believe may have the information you are looking for before contacting the Freedom of Information Specialist?
And remember, any Virginia citizen as stated above, can make any request for any “reasonable specific” documents as often as one likes.
Topics: FOIA - How to/Info SDCC News & InfoPosted on 07.23.2005 @ 05:40 PM by Tim.
Permalink for Emails
City Administrative Directive dated 7.20.2005
To help one understand the procedures on making and a city employee’s responsiblity in responding to FOIA requests, the City Administrative Directive is now available on this site.
Printable City Administrative Directive [Word doc] scanned from 3 documents supplied by City.
View the 3 documents below too:
City Administrative Directive
Re: procedures on making and responding to FOIA requests
Freedom of Information Act Responses
Page 1 of 3
Freedom of Information Act Responses lndex Number: AD 8.01
Date of Adoption: 09/15/99 Date of Revision: 08/01/02
1.0 Purpose and Need
In order to make the actions of governmental entities throughout the Commonwealth of Virginia more open to the public, the Virginia General Assembly enacted the Virginia Freedom of Information Act (FOIA) Section 2.2-3700 et seq., Code of Virginia. To ensure proper-compliance with the Act, a formal procedure is recommended for the receipt and processing of requests for public records made by representatives of the media and citizens of the Commonwealth.
2.0 Administrative Directive
All requests submitted to City agencies under the Virginia Freedom of Information Act shall be handled in a timely and responsive manner in accordance with applicable provisions of the Act and in accordance with the provisions set forth herein.
3.0 Procedure to Accomplish Administrative Directive
Department directors and administrative personnel shall make certain that all employees and volunteers within their jurisdiction are instructed regarding this Directive and the procedures to be followed when responding to requests under the Act.
4.0 Responsibility and Authority
The Director of the Department of Management Services or designee shall be responsible for the coordination and administration of this Directive.
5.0 Definitions
A. Any document or recording of any kind, used in the transaction of public business and possessed by the City, is a public record. This includes, but is not limited to, e-mail, video tapes, computer data, handwritten notes, and draft documents.
B. As a general rule, all public records are open to public inspection and copying. The Virginia Freedom of Information Act applies to existing documents. The Act does not require the City to answer questions or to create documents.
C. Any Virginia citizen who is not in jail or prison, or any member of the press, may make a FOIA
request. The motive of the r~questor is irrelevant under the Act.
D. A request for documents need not be in writing, and the requestor is not required to cite the Act or refer to the request as a FOIA request. The requestor must identify the records sought with “reasonable specificity.”
E. The Act contains a list of seventy-seven categories of documents which are excluded from the mandatory disclosure provisions of the Act. These exclusions must be narrowly construed.
Examples include, but are not limited to, personnel records, medical and mental health records, library records of patrons, tax returns, and certain criminal records.
6.0 Specific Requirements
7/20/2005
Freedom of Information Act Responses
Page 2 of 3
A. When a City agency receives a FOIA request in writing, the request shall be stamped to record the date of receipt.
B. After a FOIA request has been received and date-stamped, the City agency in receipt thereof shall forward, by hand delivery or by facsimile (563-1857), a copy of the request to the Department of Management Services on the date on which the request is received. The copy should be clearly marked as a FOIA request. The Department of Management Services shall also be provided with copies of all ensuing correspondence related to such request, as well as all responsive documents, wherever practical.
C. If the request is made by a member of the media, the Department of Management Services shall forward a copy of the request and the City’s response to the Media and Communications Office.
D. When a FOIA request has been submitted to the Department of Management Services for review, the Director of Management Services or designee shall take one of the following actions with respect to the request within one (1) business day, if practicable:
1. If the records are subject to public inspection under the FOIA, the City agency that received the request shall be advised to provide the records to the requesting party as soon as possible but, in any event, not later than five (5) working days after the date of receipt of the request.
2. If, after consultation with the Deputy City Attorney for the General Government Section, it is determined that some or all of the records requested are subject to exclusion under the FOIA, the City agency that received the request shall be advised to prepare a letter advising the requesting party that the records will not be provided and setting forth the reason(s) for the exclusion. Any records that are not subject to exclusion shall be provided to the requesting party in accordance with paragraph D.1 hereof.
3. If it is determined that it is “practically impossible” within the five-work-day period to provide the records requested or to make a determination as to whether some or all of the records are subject to an exclusion, the City agency that received the request shall be advised to prepare a letter advising the requesting party that an additional seven (7) working days will be required to either provide the requested records or to make a determination as to their availability.
E. The City agency which receives a FOIA request is responsible for ensuring that responses are made within the statutory time periods. The Director of Management Services or designee may assign a FOIA request to a City agency if the request is most appropriately handled by that City agency. The City agency that receives a request from Management Services to respond to a FOIA request is responsible for ensuring that responses are made within the statutory time periods.
F. Whenever the Department of Management Services receives a FOIA request concerning a controversial or otherwise sensitive matter, the Director of Management Services or designee shall provide the City Manager with a copy of the request on the date of receipt thereof, and shall copy the City Manager on all correspondence related to such request.
G. In accordance with applicable provisions of the FOIA, the requesting party may be assessed reasonable charges for search time, copying and computer time associated with the City’s response to a request, not to exceed the actual cost to the City in responding to a request. If it is determined in advance that the actual cost to the City in responding to a request is likely to exceed two hundred dollars ($200.00), the City agency may, before continuing to process the request, require the requesting party to agree to payment of a deposit, made payable to “City Treasurer”, not to exceed the amount of the advance determination. The deposit shall be credited toward the final cost of supplying the requested records. If a City agency requires the…
7/20/2005
Freedom of Information Act Responses
Page 3 of 3
...payment of a deposit, the time in which the agency must respond to the request stops running until the day the depqsit is received.
Search time shall be assessed at the lowest compensated hourly rate of the departmental employee who has the sufficient degree of familiarity with the requested documents that will enable an efficient search. No searches shall be billed at the hourly rate of a department director, and, where practical, searches should be conducted by support staff. The Finance Department has determined that, because of the staff time involved in creating and processing invoices, billing for amounts less than thirty dollars ($30.00) would not be cost effective. Therefore, City agencies should only bill for search and copy costs when those costs exceed thirty dollars.
H. Any questions or concerns regarding the interpretation or application of this Directive or the
FOIA should be directed to the Deputy City Attorney for the General Government Section.
Approved as to Content:
Catheryn R. Whitesell, Director, Management Services 08/02/02
Approved as to Legal Sufficiency:
Roderick Ingram, City Attorney’s Office 08/02/02
Approved:
Steven T. Thompson, Chief Financial Officer 08/08/02
Approved:
James K. Spore, City Manager 08/07/02
Posted on 07.23.2005 @ 05:10 PM by Tim.
Permalink for Emails