Executive Summary
In OGIS’s second year as FOIA Ombudsman, the Office continued building on the strong foundation established in its first year by
- Providing mediation services to requesters and agencies
- Revamping and more regularly offering dispute-resolution skills training
- Connecting with both agency and requester communities
- Commenting on proposed changes to department and agency FOIA regulations
- Launching a permanent case management system, web site, and blog.
OGIS opened 764 cases in response to requests for assistance in the two years ending September 30, 2011. Of the 373 cases opened in Fiscal Year 2011, three-quarters did not rise to the level of an actual dispute; 
of the 66 FY 2011 cases OGIS identified as involving a true dispute, OGIS facilitated a resolution in two-thirds of them. OGIS defines true disputes as those cases in which the requester and the agency disagree about FOIA policies, procedures, or compliance with FOIA or are at a communications impasse that goes beyond how to file a FOIA request, the status of a request, and the like.
OGIS expanded the audience and the frequency of its dispute-resolution skills training program in FY 2011. Based on feedback received the previous year from training sessions with FOIA Public Liaisons, who have a statutory role to assist in resolving disputes, the course’s revamped curriculum focuses on providing good customer service, the importance of communication, and working with all the right players within an agency in the FOIA process. The interagency course, offered six times a year, reaches far more FOIA professionals than in its first year.
An early step in OGIS’s review of agency FOIA policies, procedures and compliance involved commenting on proposed changes to department and agency FOIA regulations, both by submitting public comments through the National Archives and Records Administration (NARA) and by working collaboratively with agencies before the public comment period.
Finally, OGIS spent FY 2011 preparing a new web site and permanent case management system, launched at the beginning of FY 2012. The new system allows customers to request assistance online and track their OGIS cases while helping OGIS staffers better manage their caseloads. OGIS’s blog, The FOIA Ombudsman: Information and Advice, launched in March 2011, is designed to stimulate conversation about all things FOIA.
Much work remains. In its third year, OGIS is working toward establishing a fully operational mediation program and advancing its review of agency FOIA policies, procedures, and compliance.
