FOIA Advisor

Q&A (2015-2023)

Q&A: O Mother, Where Art Thou?

Q&A (2015-2023)Allan BlutsteinComment

Q.  I am trying to locate my mother [name redacted], whose last known address is in Clemson, New Jersey.  

A.  Government agencies typically do not release personal contact information.  Perhaps you can find her by using one of the following resources listed here:  https://familysearch.org/wiki/en/Finding_Living_People_in_the_United_States. Best of luck.  

Q&A: Wait, wait, wait for the Terrapin

Q&A (2015-2023)Allan BlutsteinComment

Q.   I am submitting a request to a local agency in Carroll County, Maryland about a land development project being proposed for my neighborhood.  How long does it have to reply to my request?

A.   The short answer is 30 days.  If the agency needs more than 10 business days, however, it must notify the requester in writing or by email.  The notice must tell the requester how much time it will take to produce the record, the reason for the delay, and an estimate of the range of fees that might be involved in producing the record.  For additional information, see this guidance from the Maryland Attorney General.

Q&A: Show me the money

Q&A (2015-2023)Allan BlutsteinComment

Q.   Can I find out the wages of employees working in a local government agency through the freedom of information act?

A.  Government agencies typically release the salaries of most government employees in response to public record requests.  You are not likely to obtain a government employee's pay stub, however, because it contains or reflects information deemed too personal (e.g., insurance elections, tax exemptions, etc.).

Q&A: If they build it . . .

Q&A (2015-2023)Allan BlutsteinComment

Q.  Can I request a copy of the construction plans and specifications for a project that is currently underway on federal land even though they were prepared by a private firm?

A.  If the construction project is a nuclear power plant or a prison, probably not.  In addition to security issues that might prevent release, the records you seek might contain sensitive business information whose release could harm the competitive interests of the private firm.  If so, the federal agency that possesses the records would need to notify the private firm of your request and to provide it with an opportunity to object to disclosure.  This so-called "submitter notice" process is set forth in a Presidential Executive Order that was issued in 1987.    

Q&A: Better Call NARA

Q&A (2015-2023)Allan BlutsteinComment

Q.  Can I request employment records and/or the reason an employee was terminated for an employee that worked 20-25 years ago for the U.S. Department of Energy in New Mexico?

A.  The personnel records of former federal civilian employees are maintained at the National Personnel Records Center (NPRC), which is a component of the National Archives and Records Administration (NARA).  Here are the instructions for making a Freedom of Information Act (FOIA) request for such records.  Keep in mind that NARA may withhold information if it falls within one of nine FOIA exemptions, notably Exemption 6, which pertains to personal privacy (e.g., date of birth SSN, medical & insurance information, etc.).  The reason for an employee's separation might also be protected by Exemption 6, depending upon the circumstances. 

Q&A: Retaining FOIA files in Michigan

Q&A (2015-2023)Allan BlutsteinComment

Q.  How long does a [Michigan] township need to retain FOIA documents?  

A.  The retention of Michigan records is governed by approved schedules issued by the Department of Technology, Management and Budget (DTMB).  State government agencies are required to maintain a FOIA file for one year after its creation.  See General Schedule #5.06.  The General Schedule #10 for Michigan Townships does not appear to include an agency-wide retention period for all FOIA files.  The retention schedule for FOIA files for Township Clerks and Township Treasurers, however, are both one year from date of creation.  Therefore, I suspect that the same period is likely to apply to your agency.  To confirm, I recommend that you contact DTMB's Records Management Services at (517) 335-9132.