Q&A: A Blue Ridge mountain of fees?

Q.  Can our West Virginia county charge a fee for the time it takes to gather the information in a FOIA request, as well as a fee for printing the materials?

A.    Section 29B-1-3(e) of the West Virginia Freedom of Information Act provides that a public body "may establish fees reasonably calculated to reimburse it for its actual cost in making reproductions of records.  A public body may not charge a search or retrieval fee or otherwise seek reimbursement based on a man-hour basis as part of costs associated with making reproduction of records."

Q&A: Jailhouse blues in the Constitution State

Q.  Is it possible to obtain video footage of a person who was arrested while they were in the holding cell?  My fiancé was arrested in Connecticut and abused by several officers during the booking process and while he was in the cell. 

A.  The following guidance from Connecticut's Freedom of Information Commission might be instructive:

To obtain records from a public agency in Connecticut, you must request them from the agency that has those records. You have the right to view public records without obtaining a copy, as well as the right to obtain copies.  The agency may ask you to put your request in writing, regardless of whether you wish to inspect or receive copies.  There is no universal form for making a records request in Connecticut, although some agencies have created one for their own use. Simply articulate what records you seek as succinctly and specifically as possible. Make sure the request is made directly to the department in the agency that has the records. Municipal agencies may charge a maximum of $.50 per page, and state agencies may charge a maximum of $.25 per page. Other fees may be charged for certified copies of public records or for transcriptions, printouts or records on electronic media.

Q&A: Californication

Q.  How can the county-level courts in California charge fees to look at court records online?  Does this not conflict with the Freedom of Information Act and impede low income people from being unable to readily access these records?

A.  The California court system is not subject to the California Public Records Act or to the federal Freedom of Information Act, which is limited to executive branch agencies.  Fee waivers are available to California litigants under certain circumstances, as explained in the following guidance.

Q&A: Goin' back to Indiana

Q.  The Freelandville Regional Sewer Board posted the water usage of several customers as the biggest water users in town. Those of us on the list are asking to see individual water usage for the whole town. The Board has refused. Do we have a right to ask for this information?

A.  I encourage you to contact Indiana's Public Access Counselor ("PAC"), a state agency that provides *free* advice and assistance concerning Indiana's public access laws.  Having said that, I believe that you entitled to certain information that you seek, but not to all of it.

The threshold issue is whether the sewer board is a "public agency."  The Access to Public Records Act (APRA) defines a public agency very broadly to include boards, commissions, departments and offices exercising administrative, judicial or legislative power; counties, townships, cities, law enforcement agencies; school corporations; advisory commissions, committees and bodies; license branches; the lottery commission and the gaming commission.  Additionally, an entity that is maintained or supported, in whole or in part, by public funds may fall within the APRA.  See Indiana Code § 5-14-3-2.  In my opinion, the sewer board falls within this definition.  Indeed, the Public Access Counselor assumed as much in responding to the following complaint against the Luce Township Regional Sewer Board.  

The next question is whether the contents of the documents you seek are protected from disclosure or must be released.  It appears from the APRA that the answer lies somewhere in between -- that is, the sewer board may choose to release or withhold certain information at its discretion.  Specifically, the APRA grants public agencies discretion whether to release or withhold the "[p]ersonal information concerning a customer of a municipally owned utility, including the customer’s telephone number, address, and Social Security number."  Ind. Code § 5-14-3-4(b)(20).  Other information relating to a utility such as structural elements, maps, computer data systems, etc. may also be withheld.   See Ind. Code § 5-14-3-4(b)(11) and (b)(19)(k).  Any information other than the discretionary elements listed above should be available to anyone.  

Q&A: Maryland, My Maryland

Q.  Maryland has its own Public Information Act.  Do all states have something similar?

A.  Yes.  For information about each state's law and how to submit requests, you might wish to consult one of the following resources:  

• FOIA Machine -- listing all state open records laws, including deadlines for agency responses

• National Freedom of Information Coalition -- listing all state open records laws, sample request letters for all states, and freedom of information hotline numbers

• Reporters Committee for the Freedom of the Press – compendium of all state open records and open meetings laws

• Society of Professional Journalists -- provides step-by-step guides, letter generators, and state contact information.

Q&A: Moving me down the highway

Q.  Are condemnation awards for taking of land for U.S. highways subject to FOIA requirements? 

A.  Most likely yes.  To request federal government records, you might want to try the Federal Highway Administration.  And here is the contact information for requesting records from the Florida's Department of Transportation.  

Q&A: Holy Moses, let us live in peace

Q.   What can I do to expunge a record from the U.S. Customs & Border Patrol if i was fingerprinted but released with no charges against me?   What form can I submit to them to expunge that incident?

A.   If you wish to amend CBP's records, you might consider filing a Privacy Act amendment request.  Here is the appropriate form:  http://www.cbp.gov/sites/default/files/documents/g639_1.pdf.   

Q&A: Oh, Canada! And W-2 forms.

Q.  Can the Government of Canada track your movements through your passport?  I really need to know the answer to this question. Is this "BIG BROTHER" Canada style?

A.  Your question is unrelated to the open record laws of the United States (which is the purpose of this website), but I nonetheless will answer it.  No.  According to the Canadian government, "[t]he chip in the Canadian ePassport is passive, which means that it does not have a power source. It cannot transmit signals over long distances.  An ePassport must be held within 10 centimetres of a reader in order to be read. The only information that is on the chip is the information from page 2 of the passport. The chip does not transmit or record any other information." See http://www.cic.gc.ca/english/passport/help/epassport.asp.

Q.  Can you FOIA someone's W-2?

A.  A third party's tax return information is protected from disclosure under Exemption 3 of the FOIA, in conjunction with 26 U.S.C. § 6103.   

Q&A: Attention Walmart shoppers

Q.  I was involved in an incident in the parking lot of a Walmart store where a cart hit my car.   I have been to the store several time to ask for the report that would include pictures and correspondence that was sent to their insurance company.  I was told I cannot get the information.  Is this information covered under FOIA?

A.  Records of private companies are not typically available through the federal Freedom of Information Act or state open records laws.   For further assistance, you might wish to consider contacting a lawyer licensed in your state or a legal assistance organization.  

Q&A: FOIA for Virginia residents only?

Q.   I submitted a FOIA request to a public university in Virginia, but it was denied because I am not a Virginia resident. I find it rather odd that only those living in Virginia can have their FOIA request honored.  Is the university giving me a correct reason with a legal basis?  I haven't seen anything to indicate that geography is a dispositive factor in the approval of a FOIA request.

A.  The university's response is correct.  The U.S Supreme Court unanimously ruled in 2014 that Virginia may restrict FOIA requests to State residents.  See also Laura Kebede, Supreme Court rules Va. can deny out-of-state FOIA use, Richmond Times-Dispatch, July 22, 2014.