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Congress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as "exclusions."
Records falling within an exclusion are not subject to the requirements of the FOIA. So, when an office or agency responds to your request, its response will encompass those records that are subject to the FOIA.
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Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement.
The FOIA also requires agencies to proactively post online certain categories of information, including frequently requested records. As Congress, the President, and the Supreme Court have all recognized, the FOIA is a vital part of our democracy.
Generally any person - United States citizen or not - can make a FOIA request.
Before making a request, first look to see if the information you are interested in is already publicly available. You can find a lot of useful information on a range of topics on the City of Westland’s website.
If the information you want is not publicly available, you can submit a FOIA request to the agency’s FOIA Coordinator. The request simply must be in writing and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, email or fax.
Your request will receive the quickest possible response if it is addressed directly to the FOIA office of the City of Westland. Delivery of FOIA requests can be made in various ways:
There is no specific form that must be used to make a request. However, the City’s FOIA Request for Public Records Form (PDF) is available to individuals requesting information.
A FOIA request can be made for any agency record. You can also specify the format in which you wish to receive the records (for example, printed or electronic form). The FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests.
The City’s FOIA Coordinator handles all requests within the City for all Departments except the Police Department. The Westland Police Department has designated staff members in charge of processing and releasing information that is specific to their Department.
After the City receives your FOIA request, you will usually receive receipt confirmation verification in the form of an email or letter acknowledging the request with an assigned tracking number. If the City requires additional information before it can begin to process your request, it will contact you. The City will typically search for records in response to your request and then review those records to determine which - and what parts of each - can be released. The agency will redact, or black out, any information protected from disclosure by one of the FOIA’s nine exemptions. The releasable records will then be sent to you.
There is no initial fee required to submit a FOIA request, but the FOIA does provide for the charging of certain types of fees in some instances.
For a typical requester the City can charge for the time it takes to search for records and for duplication of those records. There is usually no charge for the first 15 minutes of search time.
You may always include in your request letter a specific statement limiting the amount that you are willing to pay in fees. If an agency estimates that the total fees for processing your request will exceed $25, it will notify you in writing of the estimate and offer you an opportunity to narrow your request in order to reduce the fees. If you agree to pay fees for a records search, you may be required to pay such fees even if the search does not locate any releasable records.
You may request a waiver of fees. Under the FOIA, fee waivers are limited to situations in which a requester can show that the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Requests for fee waivers from individuals who are seeking records on themselves usually do not meet this standard. In addition, a requester’s inability to pay fees is not a legal basis for granting a fee waiver.
Once the City has processed your request it will send you a written response. This response will let you know whether records were located and will include all releasable documents. If any portions of the records are withheld, for instance because disclosure would invade an individual’s personal privacy, the City will inform you of the specific FOIA exemption that is being applied.
Agencies typically process requests in the order of receipt. The time it takes to respond to a request will vary depending on the complexity of the request and the backlog of requests already pending at the agency:
The City’s FOIA Coordinator is available to assist you with any question about the status of your request and any steps you can take to receive a quicker response.
Under certain conditions you may be entitled to have your request processed on an expedited basis. There are two specific situations where a request will be expedited, which means that it is handled as soon as practicable. These two situations apply to every agency:
Agencies can also allow expedited processing for additional reasons.
If you are seeking records on yourself you will be required to provide a certification of your identity. This certification is required in order to protect your privacy and to ensure that private information about you is not disclosed inappropriately to someone else. Whenever you request information about yourself you will be asked to provide either a notarized statement or a statement signed under penalty of perjury stating that you are the person who you say you are.
Generally, when requesting information about another person you will receive greater access by submitting authorization from that individual permitting the disclosure of the records to you, or by submitting proof that the individual is deceased. If you request records relating to another person, and disclosure of the records could invade that person’s privacy, they ordinarily will not be disclosed to you.
Not all records are required to be released under the FOIA. Congress established nine exemptions from disclosure for certain categories of information to protect against certain harms, such as an invasion of personal privacy, or harm to law enforcement investigations. The FOIA authorizes agencies to withhold information when they reasonably foresee that disclosure would harm an interest protected by one of these nine exemptions. The nine exemptions are described below.
You may file an administrative appeal if you are not satisfied with the City’s initial response to your request. Before doing so, however, you may wish to contact the FOIA professional handling the request. The FOIA Coordinator is there to explain the process to you, assist in reducing any delays, and help resolve any disputes. Often, a simple discussion between you and the City will resolve any issues that may arise.
If necessary, filing an appeal is very simple. Typically, all you need to do is send a letter or email to the designated appeal authority of the agency stating that you are appealing the initial decision made on your request. There is no fee or cost involved. After an independent review, the appellate authority will send you a response advising you of its decision. Once the administrative appeal process is complete, you also have the option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration.
The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law. Agencies should also consider whether partial disclosure of information is possible whenever they determine that full disclosure is not possible and they should take reasonable steps to segregate and release nonexempt information. The Office of Information Policy at the Department of Justice is responsible for issuing government-wide guidance on the FOIA as part of its responsibilities to encourage all agencies to fully comply with both the letter and the spirit of the FOIA.