Freedom of Information and Open Records Freedom of Information and Open Records David Donald IRE and NICAR Western Knight Center, April 21, 2005

Overview  Documents and databases to seek  Resources for your newsroom  Tracking your newsrooms FOI requests  Planning, requesting and negotiating  Overcoming common denials  FOI frame of mind

Documents and Databases Documents and Databases  Public employee salaries  Accidents  Inspections  Audits  Disciplinary records, worker disputes  Investigations   Disclosure reports  Contracts

Documents and Databases Documents and Databases  Education  Tax records  Property records  Government seizures  Inventories  Purchases  Expenses

Web sites and help  Reporter’s Committee for Freedom of the Press – and  Includes FOI letter generator  Investigative Reporters and Editors – and  Organizes resources and stories based on open records  Missouri School of Journalism FOI Center –  Offers excellent, easy-to-find links

Web sites and help  Society for Professional Journalists Open Doors FOI resource –  Use its “A-Z” guide to find subject information quickly  Society of Environmental Journalists –  Find out what’s worked and hasn’t in its “Tip Sheet” and “FOI War Stories” pages

Tracking FOIs  Keeping a log of requests  Document or database requested?  Date and Time?  How requested – Fax, , Snail mail?  Who was contacted?  Who contacted?  Response?  Careful follow-up

 Who has the record?  Who do they share it with?  Has it been released before?  The law and possible exemptions?  What information is needed for the story?  How much time do you have? Planning, Negotiating

Overcoming denials  Just ask  Check the Web  Asking for a single record  Going to a different agency  Going up a management level  Getting details on expenses  Narrowing the request  Planning for redaction  Knowing the law, planning the appeal  Court as a last resort

FOI Frame of Mind  Create an FOI-oriented newsroom  An FOI every day  An FOI on every story  Filing FOIs early and often  Write about denials when appropriate  Explain the usefulness of public records – protecting the public

More IRE resources  IRE Resource Center:  Contest forms with FOI questions  More than 2,000 tip sheets from IRE and NICAR conferences  Searchable database of more than 20,000 stories, both print and broadcast

More IRE resources  Training opportunities at  Better Watchdog Workshops for more on investigative techniques  NICAR boot camps  IRE membership is the key at

Where it begins