THE ART OF ACCESS:

STRATEGIES TO GET THE

RECORDS YOU NEED

Texas Center for Community Journalism

Workshop, Aug. 4, 2011

THE GUIDEBOOK

The Art of Access: Strategies for Acquiring Public Records

By David Cuillier (current SPJ FOI chair) and Charles N. Davis (former director of National Freedom of Information Coalition)

CQ Press 2010, $23.95

STEP 1: GET IN THE FOI HABIT Developing “a document state of mind” Remember who the government works for

and why we have FOI laws You are doing your job and the public’s

business Make an “FOI First!” sign & designate a day

of the week to be your FOI day Find an FOI Friend

TCCJ, FOIFT, local SPJ chapter Network, brainstorm, find ideas that have

worked elsewhere Make a Twitter list: @MediaLawProf, @TxFOIFT,

@DavisCN, @RCFP, @TCCJ @JoelCampbell

STEP 2: BECOME AN EXPERT You’re here – that’s a great start! Keep a copy of the law handy Get the Attorney General handbooks

(which are free) and read them Expect the exceptions (real or made up)

that records custodians will throw at you Always ask how that exception applies,

why you can’t have that record today, what parts don’t need to be redacted If you’re confident in the law, your response

will be accurate (and they may not know what to do)

STEP 3: LEARN ABOUT RECORDS How are documents kept? Who keeps

them? Where and how? Identify your records custodians,

introduce yourself, get to know them Find out where documents are created

and where they go to die Ask for a list of records and documents

that agency/body keeps Ask for an FOI log – who is filing

requests and what are they asking for? Find everything you can online

STEP 4: MAKE GOOD REQUESTS Do your homework

know who keeps what records, find out what the record is called, be specific

Ask verbally firstBe polite, show respect, build relationships,

understand that it is more work for them Write a good, specific letter

Choose a tone – honey or vinegar? Argue interests rather than positions

“Getting to Yes” – principled negotiationUnderstand motivations of record-holders

STEP 5: OVERCOMING DENIALS Common denials

No response Your request is overly broadThat record doesn’t existWe’ll get back to youPart is covered by exemption, so you can’t

have any of itYou can have it…for $105,000

Make the denial the story Seek administrative options (appeal,

AG) Get legal help & file a lawsuit