If an agency denies your request for public records, fee waiver or expedited processing, you can appeal. The agency should provide you with the information of who to address your appeal to and their contact information. Be aware of time-limits on filing an appeal and make sure to make your appeal in writing. Your appeal should also contain any new information that can justify overturning the denial. Monitor for the agency’s response to your appeal.
Suggestions for responses to common reasons given by the agency for record request denials
Agency claims the record request was not sufficiently described or is too vague
Emphasis or reiterate the reasons why the records request is specific and demonstrate examples where possible that indicate the specific information sought.
Agency states they conducted a search that did not result in records that are responsive to the records request
Just as with the claim that records do not exist, a search of available public records can be used to counter this objection. Search for information about how the agency handles and stores records that can help respond to the agency with specific information about where the records can be located, such as specific database or software system.
Agency claims that records do not exist or are not available through their agency
When appealing an agency claims that documents do not exist, conduct research through publicly available information and use that information in the appeal. References to data, news articles or other online information can help build a case for the existence of records.
Agency claims all or part of the record request falls under an exemption
While agencies are permitted by law to redact information in records they furnish, they must supply a reason for their redactions with one or more of the exemptions they claim.
First check if the denial lists out the relevant exemptions. If no exemptions are listed, your appeal should outline that the agency failed to provide relevant exemptions for justifying their denial. If, on the other hand, exemptions are listed, check if the exemption is applicable to the type of information you requested. This will not always be straightforward, and will require that you look up the relevant exemption rules and determine their applicability. Keep records of both your written and verbal communication.
If you are still not getting access to records, you can try getting the local press involved by writing a letter to the Editor and raising the issue of the local agency’s lack of transparency.
File a lawsuit
If after you have submitted a written appeal and have tried other tactics, you still aren’t able to obtain records, then your next option is to file a lawsuit against the agency. Try to exhaust all other means available before resorting to lawsuits as this can be a long process and further delay obtaining records.
Where to find a lawyer: search for a lawyer who has knowledge and experience ideally with public records and dealing with government agencies. Look at law school legal clinics, the National Lawyers Guild and the First Amendment Center.
You also have the option to file pro se, or without a lawyer. Because it is not easy to represent yourself in this kind of legal matter, it is not advised. However, legal briefs from other public records lawsuits can be a very valuable resource in drafting your complaint. It will cost about $500 to file the lawsuit and those fees are only refunded if you are successful in your lawsuit. When drafting your complaint, be concise and also express a willingness to settle the case.