Accessing Records and the Freedom of Information Act
How do I Access public records maintained by state or local governments?
Verbal Request:
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Make it professional & in person
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May be enough in order to receive the info you are looking for
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If denied, request information via letter
Letter Request:
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Best and most efficient way to obtain records
How do I Access public records maintained by Federal government?
You will need:
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Reasonable description of the public record(s) you are seeking
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Name and address of government official that you believe is responsible for keeping the record(s)
What will be generated:
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Specific citation of your state’s open records law
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How much time the law allows for an agency to respond (if applicable, and may be subjective. Ex: “reasonable amount of time”)
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Specific penalties provided for by the law if the government officials fail to comply with your request
The Freedom of Information Act (FOIA) states that citizens of the US can make requests for any government documents that are not classified. There are 9 restrictions to the kinds of records that can be requested:
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classified information for national defense or foreign policy
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internal personnel rules and practices
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information that is exempt under other laws
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trade secrets and confidential business information
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inter-agency or intra-agency memoranda or letters that are protected by legal privileges
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personnel and medical files
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law enforcement records or information
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information concerning bank supervision
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geological and geophysical information
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Accessing Public and Private Institutions's Records
-Most universities have a foundation aspect that are non-profit bodies who receive donations from"private citizens and corporations to benefit the public, taxpayer-funded schools with which they are associate," according to the SPLC.
-According to the SPLC, state-specific open-record laws that require public universities to make their records public don't always apply to the university's foundations.
-The applicability of open-record laws to a public institution's foundation varies from state to state.
-SPLC defines what needs to be proved in order to apply open-record laws to a foundation as:
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whether the foundation shares the same directors with the university,
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whether it uses university employees,
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whether it uses university property or resources,
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whether it receives state funds and
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whether it is responsible for managing university assets.
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Private institutions and their foundations are usually not under the jurisdiction of state open-record laws. Check with your university on their specific policy for record disclosure. Here is Simmons University's policy.
Some state legislatures have made specific laws regarding the applicability of open-record laws to public university's foundations.
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Colorado: Financial expenditure records of university foundation records are subject to the open records act. Names or other identifying information about specific donors and the amounts of donations are exempt.
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Georgia: The Georgia legislature voted in 2005 to make donor names non-public information, unless the donor has done business with the university within three years of the donation. “Doing business” is defined as selling goods or services to the college worth more than $10,000 over the preceding 12 months (either directly, or through a business in which the donor has at least one-fourth ownership). This exception is intended to allow the public to police instances in which donations may be a quid pro quo for preferential treatment.
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Minnesota: In Minnesota the names and gift ranges of donors to public university foundations are public information. However, other information related to fundraising, including the specific amount of a donor’s gift, the dates of the gift, letters from donors, research information about prospects and donors and donor financial or estate planning information is exempt.
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Nevada: In Nevada, university foundations are subject to open-records laws.