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Best Practices for FOIA Requesters
Posted: September 21, 2011 09:30PMPreview As the Federal Freedom of Information Act (FOIA) Ombudsman, OGIS observes the FOIA process at agencies across the government. In this role, OGIS is able to see firsthand what works for requesters and what does not. Periodically, we republish what we learn as best practices guides for requesters. You can find these guides at on our Best Practices for FOIA Requesters page. If you have a best practice that you would like to suggest to OGIS, please send the Office an email and tell OGIS what has worked for you. |
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Can OGIS Order an Agency to Release Records?
Posted: September 21, 2011 09:25PMPreview OGIS has no authority to compel an agency to release records. OGIS offers mediation services to help resolve Freedom of Information Act disputes by facilitating communication between the agency and the requester in order to achieve a resolution with which both are comfortable. OGIS’s range of mediation services – which includes formal mediation, facilitation, and ombuds services – does not include processes such as arbitration, in which a third party makes a binding decision. OGIS’s formal mediation process is voluntary and depends on the willing participation of both parties. |
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Dispute Resolution Skills Training Offered by OGIS
Posted: September 21, 2011 09:39PMPreview The amended Freedom of Information Act (5 U.S.C. § 552) (FOIA) directs FOIA Public Liaisons to assist in the resolution of FOIA disputes. In recognition of this mandate, OGIS developed a dispute resolution skills training program. This training program, which is offered throughout the year, helps FOIA professionals sharpen the skills they need to have mutually productive communications with FOIA requesters and with agency personnel. If you are interested in learning more about dispute resolution skills training offered by OGIS, or if you are an agency FOIA professional interested in attending a session, please visit our training page |
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FOIA Best Practices for Federal Agencies
Posted: September 21, 2011 09:38PMPreview As the Federal Freedom of Information Act (FOIA) Ombudsman, OGIS observes the FOIA process at agencies across the government. This role allows the office to observe successful practices that individual agencies develop but which other agencies may not be aware. OGIS distributes the best practices that it gathers in a number of ways. OGIS has produced a best practices chart which links observed agency best practices to FOIA’s key requirements and guidance by top administration officials. |
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OGIS as a non-exclusive alternative to litigation
Posted: October 19, 2011 05:50PMPreview OGIS offers a range of mediation services as a non-exclusive, non-binding, no-cost alternative to litigation. Participation in an OGIS-arranged formal mediation is voluntary for all parties. A requester who is not satisfied with the results of our services may file a lawsuit against the agency to which he or she submitted a FOIA request, so long as he or she has exhausted his or her administrative remedies with an agency (including filing a timely appeal and receiving an adverse agency response or no response within the legal time frame allowed). Asking for our assistance does not prevent a requester from |
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OGIS Enforcement Authority
Posted: October 19, 2011 05:49PMPreview When OGIS’s attempt to work with the parties to resolve a dispute is not successful, we will arrange for formal mediation where a neutral mediator is hired to assist the parties to attempt to resolve the dispute. Participation in formal mediation is completely voluntary by all parties. OGIS cannot order a Federal agency or a requester to participate in formal mediation, nor can OGIS order or direct an agency to release records or direct a requester to pay fees. OGIS has a statutory role to review agencies’ FOIA policies, procedures and compliance. We do not serve to enforce FOIA; we |
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OGIS involvement does not ”stop the FOIA clock”
Posted: October 19, 2011 05:50PMPreview When a FOIA requester or Federal agency requests OGIS assistance, we work as efficiently as possible to resolve the dispute. Asking for our assistance does not have a legal effect on the FOIA process from either the requester’s or agency’s perspective. Specifically, the statutory and regulatory deadlines in effect for both parties to respond are not affected. Often, agencies and requesters who agree to work out disputes through OGIS are flexible and understand that deadlines may pass while we working with them. However, requesters should preserve their rights by filing timely administrative appeals and agencies should know that the time |
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OGIS Mission
Posted: September 21, 2011 04:54PMPreview OGIS serves – in the words of Congress – as the nation's FOIA ombudsman. The mission is simple: Improving the FOIA process through resolving disputes between Federal agencies and FOIA requesters and reviewing agencies’ FOIA policies, procedures and compliance. OGIS also is charged with making recommendations to Congress and the President to improve the administration of FOIA. OGIS advocates for a fair FOIA process, not for requesters over agencies, or vice-versa. |
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OGIS Review
Posted: November 27, 2011 03:23PMPreview OGIS regularly reviews proposed agency FOIA regulations that are published in the Federal Register . Through its parent agency, the National Archives and Records Administration , OGIS comments on the proposed regulations with an eye toward ensuring FOIA works fairly and efficiently for all – agencies and requesters. OGIS also invites agencies to participate in a collaborative review of agency FOIA policies and procedures. OGIS performs these functions as part of its congressional directive to review FOIA policies, procedures and compliance, 5.U.S.C. 552(h)(2)(A) & (B). |
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OGIS Services for Agencies
Posted: September 21, 2011 09:13PMPreview Congress established OGIS in the OPEN Government Act of 2007 to work with executive branch agencies and requesters to improve the Freedom of Information Act (FOIA) process. 5 U.S.C. §552(h). OGIS’s mission includes: Reviewing agencies' FOIA policies and procedures; Reviewing agency compliance with FOIA; Recommending to Congress and the President ways to improve FOIA; Providing facilitation and mediation services to FOIA requesters and agencies to resolve disputes; and Issuing advisory opinions, at the Office's discretion, when mediation does not resolve disputes OGIS offers mediation services for both requesters and agencies. OGIS also acts as a facilitator to assist |
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OGIS Services for Requesters
Posted: September 21, 2011 09:24PMPreview Congress created OGIS in the OPEN Government Act of 2007 to work with executive branch agencies and requesters to resolve disputes between requesters and agencies and to promote compliance with the Freedom of Information Act (FOIA). 5 U.S.C. § 552(h). OGIS is charged with: Reviewing agencies' FOIA policies and procedures; Reviewing agency compliance with FOIA; Recommending to Congress and the President ways to improve FOIA; Providing facilitation and mediation services to FOIA requesters and agencies to resolve disputes; and Issuing advisory opinions, at the Office's discretion, when mediation does not resolve disputes. OGIS provides facilitation and, where appropriate, |
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OPEN Government Act of 2007
Posted: September 21, 2011 08:05PMPreview President Bush signed the Openness Promotes Effectiveness in our National Government Act of 2007 on December 31, 2007. This law, also known as public law 110–175 and the "OPEN Government Act of 2007", amended the federal FOIA statute in several ways: It establishes a definition of "a representative of the news media;" It directs that required attorney fees be paid from an agency's own appropriation rather than from the Judgment Fund; It prohibits an agency from assessing certain fees if it fails to comply with FOIA deadlines; and It establishes an Office of Government Information Services to provide services to |
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Review of Policies, Procedures and Compliance
Posted: November 27, 2011 03:24PMPreview When Congress created OGIS, it mandated that OGIS review agencies’ FOIA policies, procedures and compliance, 5.U.S.C. 552(h)(2)(A) & (B). OGIS interprets this congressional directive broadly to include review of agency FOIA regulations and collaborative reviews of agency FOIA programs. See OGIS Review for details. |
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