ANSWERS: 1
  • Under state and federal Freedom of Information laws, most taxpayer-funded agencies are required to make some of their documents available to the public. There are hundreds of available documents, including police arrest and patrol reports, criminal and civil court files, property taxing and assessment records, lists of registered voters, county business licenses and salary schedules for government employees. There is a universal procedure for accessing these records, but laws for releasing records and all of the details in them vary by state.

    Start at Clerk's Office

    Some public records are available at town or city halls, while others are kept at a county office building or by state or federal agencies. But to get a better understanding of what records are attainable when you begin your search, visit your local municipal clerk. They should be able to tell you what records the town or city maintains, how to go about finding records from other levels of government, the general provisions for filling out a Freedom of Information request to obtain records, and what kind of records you are not entitled to. Generally, documents detailing personnel matters, potential litigation, income tax information, public school information pertaining to children, social welfare information and, in some states, criminal records, are exempt from Freedom of Information requirements, according to Privacy Rights Clearinghouse. Sunshine laws in Florida, for example, allow you to obtain someone else's criminal record from the state Department of Law Enforcement if you pay a fee and complete an application form; the information is even attainable online. But in New York State, the Division of Criminal Justice Services restricts criminal records to its rightful owner or their attorney, or law enforcement agencies.

    Existing Vs. Created Records

    Freedom of Information laws don't require government agencies to create a record for you. For example, if you wanted a list of rental property owners cited for code violations, a city would not be required to produce that for you if it is not something that already existed. You are entitled, however, to look through the code enforcement officers log book or blotter of citations and compile that information on your own. Likewise, the city assessor's office might not have on file a document listing every commercial property. But you would be entitled to its spreadsheet that lists every property in the city, for which you could conduct your own searches or calculations to identify commercial properties.

    FOIL Reqeusts in Writing

    Agencies might be willing to provide records to you immediately upon request, but they are not required to act so quickly. Under state and federal Freedom of Information laws, they have up to five calendar days to respond to your written request and determine if there are any exemptions on the record, like pending litigation, personnel/confidential matter or ongoing investigation that would be hampered by public exposure. Once the determination is made that the records can be released, they have up to 20 days to process your request. If your request is denied for any reason, the agency is supposed to inform you as to whom you should direct an appeal.

    Source:

    Privacy Rights Clearinghouse: From Cradle to Grave: Government Records and Your Privacy

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