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Land Resources / News / How to request information
How to request information (complete article from source)
Source: InRich.com, by KIRAN KRISHNAMURTHY
March 16, 2008

In theory, people should have no trouble finding out what crimes have been committed in their neighborhoods, what building project is slated for around the block or what e-mails their local officials have traded.

In practice, getting the answers isn't always easy.

But help is available. Some starting points include the Virginia Freedom of Information Advisory Council, which was established by the General Assembly in 2000; the Virginia Coalition for Open Government; and the Virginia Press Association. Where do I go?

If you're interested in crime reports, you might start with the records division of your local law-enforcement agency.

Say you want to learn what could be planned for a tract of land for sale. You might start with the planning department of your city, county or town. There, you can ask to see documents relating to that parcel, including building permits and special-use permits, the latter of which are what developers file when they want to do something with a property that isn't allowed under existing zoning. How do I ask?

Legally, a verbal request for information constitutes a Freedom of Information request. Still, Jennifer Perkins, executive director of the Virginia Coalition for Open Government, recommends putting a request in writing.

"It eliminates confusion on both sides," she says.

Maria Everett, executive director of the state FOIA council, adds, "It tends to make government behave differently," she says, adding a written record not only helps document the nature of the request but also when it was made.

Everett also suggests avoiding an adversarial approach.

What do I ask for?

Be reasonably specific. For example, a police department may consider a blanket request for a listing of all burglaries on your block as overly broad. A more reasonable request might be requesting those records for a specific date range.

Also, requests should center on documents and other records, not the motivations of an agency or official. "That's not what FOIA is at all," Everett says, referring to a request that directly asks an official or agency to explain why they did something. When should I expect a response?

Under state law, the person or agency to whom you've directed your request has five working days to respond. They can tell you that meeting your request will take longer than that, but they have to notify you of that within the initial five-day period. They ignored me, or they didn't give me what I was looking for. What can I do?

If you don't receive the information to which you believe you're entitled, Perkins suggests first contacting the intended recipient of your request.

If you're still not satisfied, you may want to contact the state advisory council. The council can, and does, contact agencies on behalf of citizens to inquire about the status of requests and to remind agencies of the law and the public's right to file a lawsuit.

The council also can provide the paperwork necessary to file a petition with either the local general district or circuit court, which puts the citizen's request in the hands of a judge.

Overall, Everett says, she has noticed marked improvement in the way government responds to the public's FOIA requests since the council was formed by the General Assembly in 2000.

"A lot of it has to do with education," she says.



Click here for complete article from InRich.com

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