FOIA: Knowing What to Ask

Or, how to get more dope out of the dopes.

It won’t solve the mysteries behind the X-Files (they’ve tried), but it’s the second-best avenue of divining government secrets besides having a Palm Pilot stuffed full of bureaucratic contacts. It’s the Freedom of Information Act and its been credited with uncovering everything from the stupid (talking Hawaii “vacations†on the public dole) to the criminal (CIA doping unsuspecting citizens with LSD in the MKULTRA program). 

But these are the successes of professionals, people who been tipped-off or otherwise know the information is out there.  They are not searching in the blind. On the other hand, the typical amateur FOIA request is a hit-or-miss proposition and a painful document to read; you get the sense that the writer just shot-off an unguided missile. Usually the request is so overbroad that if the public body were to comply to the letter of the request, they’d probably have to copy every piece of paper in the place and deliver it in a convoy of semi-trailers. Then there are the requests that won’t go anywhere because the public body doesn’t have to comply or the information is exempt from disclosure.

The Michigan Caucus doesn't want you to make these same mistakes, but we don't have the time to teach you everything about the act. So, this primer is going to assume that you are fairly familiar with the Michigan Freedom of Information Act, have read it and are familiar with some of the important court cases dealing with it. If Booth v. Regents of the University of Michigan sounds like a game involving a line of scrimmage and an ovoid, then this primer isn’t for you. If you haven’t even read the Freedom of Information Act, well then, get it and read it by clicking here. For a good source of background information take a look at the Michigan Freedom of Information Committee web site. For the rest of you, read on.

Like many things, the Freedom of Information Act is a tool; it’s not a magic wand. Filing a FOIA request doesn’t guarantee that government officials will comply. And, this primer isn’t about getting compliance. If you want compliance get a lawyer and start shelling-out the dough. This primer is about locating sources of information to shed some light on the workings of local governmental agencies. It’s mostly, but not completely, ineffective against the courts, the governor’s office and the legislature, because the act does not apply to them (but more on that later).

So, where to start? Perhaps the “mother lode†of information concerning the inner-workings of local governmental entities are the email exchanges between elected officials and emails sent to each other and their appointed professionals. If one’s ever seen these exchanges, they are stunning in what they reveal, not just the subject matter discussed, but also the writers’ broad ignorance that their email exchanges are potentially “FOIAble†but also in their complete disregard of the spirit, if not the letter, of the Open Meetings Act. Deals are discussed, votes traded, threats made and stupid things said. Forget the public meetings, they are meaningless, the real meeting was held days before by email.

In an attempt to circumvent the requirements of the Freedom of Information Act, many government employees use their private Web-based email accounts. Apparently, you’ll never get these emails in a FOIA request since most employees assume that they are “untraceable†(false) or that FOIA just doesn’t apply (probably right). You can, however, ask for the Internet history files. These files will identify every site the employees’ browser has visited. A great tool to ferret-out the pornography freaks (will probably result in an immediate suspension or termination of employment) and those laggards spending just a little too much time on the Internet while collecting overtime.

Don’t forget phone records either. Many local governmental bodies now own their telephone systems and most have an integral Big Brother ability to record the phone number of every inbound and outbound call. (Even if the governmental body doesn’t own the telephone system, they can usually get a hold of these telephone records). While this data won’t reveal the content of the conversations, it can reveal hidden relationships and sometimes that’s enough. It might even be interesting to work the data through a social networking program to better see the relationships as they develop over time. Sadly, paranoid officials now use their own private cell phones, hiding them from this type of scrutiny. With some luck, you may find a few phone calls to girlfriends or escort services.

The best place to start your search is with the chief executive of the local governmental agency you’re interested in. Typically the mayor (in city with a full-time mayor), the city manager, the general manager or the department heads who deal with “hot†issues like the finance director, controller (read, taxes), planning director or the police chief. Because lies are hard to coordinate, you will probably want to send out identical requests to more than one official in the governmental entity in which you have interest.

We here at the Michigan Caucus expect to launch a demonstration project in the near future with a city, village or township chosen for its “goofy†Right-wing views. Already sounds like Hillsdale or Auburn Hills will be at the top of the list. We’ll post all our requests and responses from the demonstration public body. Make your nominations in the comment section.

Next time at the Michigan Caucus, “Flash FOIA’s.â€

Comments

[Matt Blackledge]

Put Meridian Township, Which encompass the Haslett, Okemos area East of Lansing, on your list for FOIA.

[Blue-water-blogger]

I nominate St. Clair County Community College in Port Huron, a public college headed by a president who treats it like her own private gulag.