Q&A: records held by homeowner's association in Illinois

Q.  My question concerns paying for the first 50 pages on a FOIA request in Illinois.  I was told that the first 50 pages were free, but after that you pay 50 cents a page.  The records I am interested in are the meeting minutes of a homeowner's association.

A.   In Illinois, a FOIA requester is entitled to the first 50 pages free of charge.  Any additional pages can cost a maximum of 15 cents per page.  The records of a homeowner's association, however, are not subject to the Illinois FOIA because a homeowner's association is considered a private entity, not a "public body."  Fortunately, you may have the right to access the meeting minutes pursuant to other Illinois laws, which are discussed in the following article.  If you need legal advice or further information, you might wish to contact a real estate attorney or the Illinois Office of Attorney General.

Q&A: records from Saginaw County, Michigan

Q.  I want to receive information from a county facility in Saginaw, Michigan.  I was told to file FOIA request.  

A.   You can use the sample FOIA request form on page 11 of 309 of this Saginaw County manual.  For tips about making requests, you might also want to review this article from the Detroit Free Press.

Q&A: personnel file at private company with government contracts

Q.   I work for a company with federal, state and local government contracts. I requested all information (employment, training records) they have on me. I was told that they couldn't give me that information. How do I FOIA that information?

A.  Private companies are not subject to the federal Freedom of Information Act; they are excluded from the statute's definition of an agency.  Moreover, a private company is not converted to a federal agency merely by doing business with federal (or state or local) agencies.  If the federal government extensively supervises the day-to-day operations of a private company, however, it might then be deemed a government-controlled corporation subject to FOIA.  You have not identified the State in which your employer is located, but most State freedom of information laws are modeled on the federal FOIA.  Click here for links that will enable you to locate your State's freedom of information law.  

Although FOIA may not be a remedy, you might wish to contact your State's labor department to find out whether you have the right to access your personnel file under State law.  The following article appears to answer that question, but I cannot verify its accuracy.

Q&A: allegations of misconduct at local school (with follow-up)

Q.  I filed an FOIA with a local school district to obtain info about allegations against me for unprofessional conduct.  I was told that that information was in a 'private file,' and I was not allowed to see or dispute said information to defend myself.  Can they legally deny me access to information about me?  The allegations were not for any criminal wrongdoing.

A.   As an initial matter, you may have avenues of access to the requested records outside of your State's freedom of information laws if, for example, you have a union contract that permits access or your employer has taken an unfavorable personnel action against you.  Therefore, if you have not done so already, you might wish to speak with your union representative or an employment lawyer. 

Putting those variables aside, however, the school district's FOIA denial may very well be proper.  Although the records in question pertain to you, to be sure, public disclosure of those records (in whole or in part) could jeopardize the privacy and safety of a third party and confidential source.  These potential harms may outweigh your personal interest or the public interest in disclosure, even if you have a reasonable belief about the identity of the complainant.  Under the federal FOIA, such harms are intended to be prevented by Exemptions 6, 7(C), and 7(D).  You have not identified the State in which your employer is located, but most State freedom of information laws are modeled on the federal FOIA. 

Lastly, if you are dissatisfied with the FOIA denial (which I assume you are), you might wish to check your State's applicable statute to determine whether you may (or must) file an administrative appeal before proceeding to court.  Click here for links to State freedom of information laws.

Q.  Follow up question to my earlier question.  First, thank you for such a quick and informative response.  I have been removed from [redacted by FOIA Advisor] by the district and asked not to [redacted by FOIA Advisor].  Due to the severity of their action against me, I feel there must be erroneous if not blatant lies in this "private file." Do I have no recourse in this matter?  Could they not redact identifying information, or at least give me dates times and places for the allegations that apparently they believe are true so that I could directly address them?

A.   You may have multiple remedies.  As I mentioned above, if you have filed a FOIA request that has been denied, your State's freedom of information law may permit an administrative appeal.  If not, it will undoubtedly allow you to file a lawsuit.  Whether the records in question can be redacted and released in part (i.e., de-identified), as you suggest, is impossible to know at this point.  The entire document could tend to identify a third party, including the date and time of any alleged incident.  Or the identifying information and non-identifying information might be so intertwined that a redacted document would be incomprehensible.  In federal FOIA litigation, a court may agree or demand to review the records in camera to assess the propriety of the agency's withholdings.  It otherwise relies upon agency affidavits that describe the information withheld.  I again refer you here for links to State freedom of information resources.

Further, your State's labor laws might permit you to access your personnel file, in whole or in part.  See the following website that addresses each State's applicable law.  I cannot, however, verify its accuracy. 

You might have other causes of action, such as breach of contract or violation of due process, but I am not familiar enough with education law or teachers' rights to advise you.  I can only suggest that you consult with someone who is.

Q&A: records from child protective services in Idaho and South Dakota

Q.  Can I use the Freedom of Information Act to obtain information from "health and welfare child protection services" in Idaho and South Dakota?

A.   Yes, as a general matter.  In Idaho, the Department of Health and Welfare is subject to the state's public records law.  Here are instructions about making a request to the Department, as well as a guide to the applicable law.  In South Dakota, the Department of Social Services is subject to the state's open records law.  For your convenience, here is a request template that you can use.            

Keep in mind, however, that certain records are protected from disclosure.  For example, you may not be able to access a third party's medical or other personal information without that person's consent.  These exemptions are spelled out in each state's law, which are accessible in the links above.

Q&A: requesting agency records in New Mexico

Q.  Who enforces the FOIA [in New Mexico]?  To what address do you send a second request?  Can a sheriff's office and district attorney ignore it?

A.   Access to records maintained by state and local agencies in New Mexico is governed by the Inspection of Public Records Act (IPRA).  Under the IPRA, executive branch agencies (such as a sheriff's office or local District Attorney's office) have fifteen days to respond to a request for records.  There is no formal administrative appeal procedure.  An individual whose request is denied or who does not receive a timely response may commence a lawsuit in court.  The State of New Mexico's Office of the Attorney General is provided authority through the state constitution to enforce the IPRA, as are local District Attorneys.  For your convenience, here is a link to an IPRA compliance guide authored by the Office of the Attorney General.  For further information, you may contact the Civil Division of the Office of the Attorney General at (505) 827-6070.

Q&A: business proposals submitted to the federal gov't

Q.  Can we see the proposals that competed against us, or partial (redacted) proposals under the FOIA?

A.  I am afraid that beyond "maybe," the answer to your question is a long and winding one.  In sum, when the government has received proposals in response to a competitive solicitation, the government may release the successful proposal information if it has been incorporated into the final contract, unless the information is protected from disclosure under Exemption 4 of the FOIA.  The government bears the burden of proving that Exemption 4 applies.  The following article on proposal information will navigate you through the issues involved fairly well.

Q&A: criminal case records from District Attorney (NYC)

Q.   I am trying to get the full details of a criminal case which took place in New York City last year. I was able to go to the courthouse and copy a limited amount of files, but I was unable to get the “Evidence” that the District Attorney brought forth against the Defendant. They said that was all back at the DA’s office. The people at the DA’s office were not helpful. 

A.  You may wish to submit a Freedom of Information Law (FOIL) request to the District Attorney's office in question.  Although D.A. offices are subject to FOIL, please note that certain records such as grand jury minutes, trial transcripts, and physical evidence are exempt.  For further information about FOIL, you may wish to consult the web site of the New York Department of State's Committee on Open Government, which has issued FAQs about making FOIL requests, as well as advisory opinions categorized by topic (e.g., Court Records; District Attorney).  For your convenience, here is the contact information for each District Attorney's office in New York City:  Manhattan; Bronx; Brooklyn; Staten Island; and Queens.

Q&A: DOJ Annual FOIA Reports before 1998

Q.  Where can I find the annual FOIA reports of the Office of Information Policy before 1998?

A.   DOJ/OIP's Annual Reports from 1975 to 1997 were archived and are available online here.

Q&A: dates of entry into the United States

Q.  How do I obtain dates of entry into the United States?

A.  Information regarding entry into the United States in or after 1982 is available from the U.S. Customs and Border Patrol (CBP).  You may access the CPB's Freedom of Information Act web site here.  Please note, however, that CPB is likely to deny any FOIA request concerning a third party without that person's written consent. 

If you are a nonimmigrant alien and interested in obtaining evidence of your entry into the United States (I-94 Form), you may do so online here.   

The National Archives and Records Administration maintains immigration records, more popularly known as "ship passenger arrival records," for various ports for the years 1800-1959.  Click here for additional details.    

I hope this information is helpful.