You believe in Sunshine laws and the Electronic Freedom of Information Act. You might believe those laws work. And sometimes they do. But there are many times when all you get for your trouble is:
A) A simple rejection largely unsupported by law or regulation. B) Endless delays. C) A $25 million bill for 10 hours of data work.
There are good times to avoid freedom of information requests and there are other times, as Sarah Cohen points out in her article (see page four), you may have no other choice than to go the long arduous route of FOIA. In either case, you will probably enter that familiar, gray area of negotiations.
Here are some basic steps that many have followed in the pursuit of federal, state and local databases.
If it's not on your beat, get a good feel for the agency before you approach it. Check their Web site, if they have one. Check with fellow reporters on how the agency responds to requests. Try to get its annual report and an audit of it. You get more respect if you show up knowing the agency's real business, what databases it definitely has, and how it has fared in its last audit. Be pleasant. Be casual. Don't be rushed. Set aside some time for your first visit there. If the agency is out of state, work the phone the same way. Try the low-key approach. You know you add to their burden. You know they are understaffed and underfunded. You want to make the transaction as quick and painless as possible. You are understanding. You will narrow your request in exchange for rapid response. Make sure to get the preliminary information about the database. (See Dawn Fallik's article on page three). Figure out who actually knows the databases. If necessary, arrange a meeting with the public information officer and the data processors. Know what you really want and how it might differ from what they may have. This will allow you to give up getting certain data for expediency's sake. (Just don't allow it to be a precedent.) Try to work with them so that if you have to make a written request it is exactly the one they need to give you the database.
Plan Two
No success with the easy, nice way? No databases forthcoming? It's time for Plan 2. Most negotiations with recalcitrant agencies begin with their absurd requests for money such as $45 million or $50,000. Don't be shy about using that absurdity for a humor story or to relate humorously to other officials. Have freedom of information experts on hand to comment about the ridiculous behavior.
Take it seriously, but also think of it as sport with a little contest awaiting you each day. Your blood vessels will explode if you get mad every time they put you off.
Then get them to tell you what laws they are citing. Then call the attorney general, commissions, the governor's office, the supervisors and ask them if the rejection sounds reasonable?
You have to use your instincts, but a daily call not two or three daily calls- is not unreasonable for dealing with unreasonable people.
Given that the agency is stonewalling, it is perfectly legitimate to start asking for hard copies of records, budgets, audits, reviews and consultant reports to learn more about this obstacle to freedom of information. Don't do it to harass. Do it because they are withholding public information. Call other agencies for information, audits and reports on that agency. Find out what the agency is really up to. It's a good way to get stories while you wait. Call staffers who are not authorized to speak to you. Call former employees. Ask for more meetings to work out the dispute. Write many more FOIAs, if necessary. Many times reporters seeking databases have been asked after several months: "What will it take to make you go away?" Often, the officials forgot it all started with a simple database request. They may be shocked when you remind them of that. "Is that all?" they say. Yes.