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Question - Suggestion for the law library

hsmith

Regular Member
Joined
Mar 29, 2007
Messages
1,687
Location
Virginia USA, ,
imported post

Maybe one of our more "worldly" members could put together a FAQ on filling out and filing FOIA requests. Even if it were a single link to a site that describes it, it would go along way to helping members of the site who have negative encounters.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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http://dls.state.va.us/foiacouncil.htm

This is specific to the Commonwealth of Virginia. On the left-hand side there is a link to "Forms & Letters" that gives examples of how to do FOIA requests.

Specific info for folks in Virginia - there is no legal requirement that you cite the Virginia Freedom of Information Act (2.2-3700 et seq.)when submitting a request for information. The law makes it a presumption that your request is based on the Act and requires all governmental agencies to respond as if you had specifically cited the Act as the authority for requiring the release of information.

Further, if your description of the date, approximate time (or time frame), who was involved (by name or not - you can request thatnames be given to you:)if you do not know them), and a general description of the event/situation is not sufficient for the agency to determine what info you are asking for, they are rerquired to ask you to clarify to help them find the info you want.

It is not necessary to list all of the possible sources of information, unless you want info from a specific source (for example, all electronic communications, or all voice recordings, or all video recordings, etc.). The simple request for "all information relating to ..." covers you.

My guess is that every state has some similar agency or office under the executive branch. A basic search ought to locate it for you. If for some reason you run into problems, I suggest you contact the office of the Secretary of State or the general information folks to find out where to get info specific to your location.

stay safe.

skidmark
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
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Freedom of Information Wisconsin State Law Library
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Home > Public Records Template
Sample Records Request Click here to open text in a new window, and cut and paste into a word processor.
_____________________________________________________________
RECIPIENT NAME
AGENCY
ADDRESS
CITY, STATE
ZIP

DATE

Dear MX. XXXXX,
This is to request, under the state's Open Records Law (19.31-39, Wisconsin Statutes), a copy of the [BE SPECIFIC ABOUT THE RECORDS YOU SEEK]
Wisconsin's Open Records Law states, in relevant part:
"In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of the government and the official acts of those officers and employees who represent them. Further, providing persons with such information is declared to be an essential function of a representative government and an integral part of the routine duties of officers and employees whose responsibility and duty is to provide such information."
The law continues,
"To that end [the Open Records Law] shall be construed in every instance with the presumption of complete public access consistent with the conduct of governmental business. The denial of access generally is contrary to the public interest and only in exceptional cases can access be denied."
If my request is denied, please do so in writing and state what part of the law you believe entities you to do so, and advise me of the process through which I may appeal. The law states that you may charge for "the actual, necessary and direct cost" of locating records, if this exceeds $50, and for photocopies; please advise me before processing this request if the total cost will exceed $[SPECIFY DOLLAR AMOUNT].
As you know, the law requires you to respond to this request "as soon as practicable and without delay."
Thank you for your time and consideration.

Sincerely,



YOUR NAME
YOUR TITLE
______________________________________________________________
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