Q. I am looking for the owner of the following NYS license plate GWM 3619
A. Neither the federal Freedom of Information Act nor any State freedom of information law (that I am aware of) will provide you with access to such information. See the following article for suggestions about how to proceed.
Q. The Boy Scouts are a 501 c3 corporation. Can they be required to release information about actions taken on individuals who were part of their organization?
A. Neither the federal Freedom of Information Act nor any State freedom of information law (that I am aware of) applies to the Boy Scouts. Those laws apply to federal or state governmental entities; the tax status of the Boys Scouts is legally irrelevant.
Q. Does a FOI request only pertain to federal and government organizations? Would it pertain to private companies and employees seeking their personal records? I am looking to retrieve my records from an Illinois employer that is headquartered in Oklahoma.
A. Neither the Oklahoma Public Records Act nor the Illinois Freedom of Information Act apply to private sector employers. Oklahoma does not have a law that provides access to personnel files of private sector employers. In Illinois, the Personnel Record Review Act provides access to certain records in the personnel file of a private sector employee (or former employee).
Q. Does a proposal booklet shown to homeowner association members at a regular scheduled meeting by a property owner of adjoining property become public property for the association members to review following the meeting? Info was presented in booklet form of one copy per table of six members to review while a discussion and questions were being asked. Upon completion of discussion booklets were retrieved by the owner. Following the meeting when access to the booklets were requested by members, they were told they could not have access to the booklets. As this was a requested meeting at the developers request, a copy should be placed in the association records of the meeting and be available to members. No objection was made by the developer during the meeting and presentation when members stated they wanted a copy of the booklet for review following the meeting. Is a FOIA request appropriate to the association if it refuses to provide a booklet to association members?
A. Maryland's Public Information Act, which is the State's equivalent to the federal FOIA, does not apply to a private entity, such as a homeowners’ association. Other provisions of Maryland law, however, may provide for the retention and availability of the records you seek. See Annotated Code of Maryland, Real Property Article, § 11B-112 (books and records of homeowners association).
Q. The relationship between law enforcement and the community has become an issue of heightened national interest and while there are no overt indications of difficulties here in Carson City, NV, I want to know how our Sheriff's Office monitors deputies in regard to continuing psychological fitness for their jobs. I would like to think there are specific policies and procedures in place, but email requests to Sheriff Furlong, with cc's to Mayor Crowell and the editor of the Nevada Appeal have been ignored. The Mayor has replied and encourages patience, but it has been weeks and I'm not optimistic information is forthcoming. As far as you are aware, is such information covered by our state's FOIA laws, as described in NRS?
A. The records of Carson City's sherrif's office are subject to the Nevada's Public Records Act as a general matter. See Nev. R. Stat. § 293.005(5) (defining "governmental entity"). All "public books and public records" of a governmental entity are open to the public unless otherwise provided by law. See Nev. R. Stat. § 293.010. A non-exhaustive list of categorically exempt records can be found here. If a requested record is not categorically exempt (and the records you seek do not appear to be), a government entity may apply a balancing of interests test to determine whether to release or withhold it. See Donrey v. Bradshaw, 798 P.2d 144 (Nev. 1990) (stating that district court should have considered whether public policy considerations outweighed privacy and/or security interests). I cannot accurately predict whether the sherrif's office actually maintains the records you seek or, if it does, how the records will be processed.
As you may know, the sheriff's office was required to respond to your written request within five business days. See Schmidt v. Washoe Cnty, 281 P. 3d 1216 (Nev. 2009). Therefore, if you are dissatisfied with the sheriff's office delay, you may pursue an action in court. See Nev. R. Stat. § 293.011.
Q. Is the New York Police Department required to follow FOIA rules? I have been trying to read the files on Juliet Stuart Poyntz, but the NYPD says there are none and that I'll need a lawyer to pursue the matter. I was under the impression that the federal government along with state and local agencies are required to respond to FOIA requests? Is that correct or not?
A. Yes, the NYPD is subject to the State of New York's Freedom of Information Law. Given the age of any relevant records, however, I would not expect the NYPD to maintain them in their current files. You might wish to contact the Municipal Archives, which preserves historical records. Additionally, the FBI might have maintained records pertaining to Ms. Poyntz. Although such records would likely be located at the National Archives and Records Administration, you must first submit a request to the FBI. If you are dissatisfied with the NYPD's decision, you may file an administrative appeal -- no lawyer required -- within 30 days of the decision. If your appeal is denied, you then may file a lawsuit with or without a lawyer.
Q. How do I get a copy of a misdemeanor conviction that happened in New Jersey in 1974?
A. If you want to obtain records about yourself, you may submit a request to the New Jersey State Police or to the FBI. You might also be able to obtain a "court disposition" from the court that presided over the case. A list of New Jersey trial courts are available here. Certain criminal information is accessible to the public via a New Jersey Judiciary database, but it does not include information before 1994.
Q. How can I secure a list of all BP payees in Mississippi? I need names and dates and amounts of payments made by BP to claimants.
A. As you probably know, Deepwater Horizon claimants were initially paid by BP via the Gulf Coast Claims Facility, which then transitioned to the Deepwater Horizon Claims Center. These entities do not, however, appear to qualify as agencies for FOIA purposes. The Deepwater Horizon Claims Center has published certain statistical information that might be of interest to you, but it has not disclosed the specific information you seek. Several federal agencies, notably DOJ and FEMA, have participated in monitoring and overseeing the Deepwater Horizon claims and cost reimbursement process. If you wish to submit FOIA requests to those agencies, their FOIA websites can be found here: DOJ and FEMA.
Q. If I submit a FOIA request to the Internal Revenue Service for 'all' of the multiple, SS-4 applications submitted to obtain the issuance of tax Identification numbers that were requested by a specific individual, would my request be granted?
A. I will not attempt to dissuade you from spending a mere postage stamp to make that request, but I would not bet the farm on the IRS releasing a third party's SS-4 form(s). The Internal Revenue Code prohibits the disclosure of "return" or "return information" (terms that are defined broadly), except in limited circumstances such as when the taxpayer consents. See 26 U.S.C. § 6103. Notably, two federal district courts recently ruled against FOIA requesters who sought, in part, access to the SS-4 forms of third parties. See Fields v. IRS (E.D. Mich. 2013) (agreeing with IRS that plaintiff's request for his father's tax information, including an SS-4 application, was "imperfect" in the absence of consent from executor of father's estate); Surgik v. Cirella (D.N.J. 2012) (holding that SS-4 and other tax information was properly withheld by IRS under Exemption 3 of the FOIA, in conjunction with Section 6103 of the Internal Revenue Code).
For your convenience, here is an authorization form to obtain tax information from IRS, as well as a link to the agency's FOIA website.
Q. Can I use FOIA to request emails between congressional staff and non-profit organizations?
A. No, unless the emails in question are maintained by a federal agency; neither Congress nor private entities are subject to FOIA. See 5 U.S.C. § 552(f)(1) (defining "agency"); Mayo v. U.S. Gov't Printing Office, 9 F.3d 1450, 1451 (9th Cir. 1994) (ruling that Government Printing Office is part of congressional branch and therefore is not subject to FOIA); Lazaridis v. DOJ, 713 F. Supp. 2d 64, 67-69 (D.D.C. 2010) (holding that National Center for Missing and Exploited Children and the International Centre for Missing and Exploited Children, both nonprofit organizations, were not subject to FOIA).