Q: We are seeking records on UFOs, and were told to try the Freedom of Information Act. First question, can you explain the Freedom of Information Act? Then, how do we go about requesting records?
J.V., Glendale
Ron Sokol
A: The Freedom of Information Act (abbreviated as FOIA) provides you with the right to request access to records of the executive branch of the United States government. The records are to be provided, unless they are subject to certain exemptions whose purpose is to protect disclosure deemed harmful to: (a) national security, (b) privacy of individuals, (c) proprietary business information (such as trade secrets), (d) the actual functioning of our government, and/or (e) other interests that are deemed of significant importance. The exemptions are real, but FOIA requests often are productive.
The act dates from 1967 and took many years to become law. The objective is to make our government more transparent. As to UFOs (which the government now refers to as “unidentified anomalous phenomena”), federal agencies have been required this year to organize and tag documents. Congress has expressed clear interest in determining what agencies know about UFOs. Thus, the agencies are to disclose their information by the end of this fiscal year. The records are also to be housed at the National Archives and Records Administration.
Here, then, is an outline of a FOIA request you can consider: Using letterhead, set forth the date you are sending it; then list the name and address of the executive agency where the request is being sent; then “RE: FOIA REQUEST”; followed by “Dear Sir or Madam: This is an authorized request to you under the Freedom of Information Act. Please provide the following records to the undersigned on a timely basis. …” Here, clearly set forth the records sought, describing them, if possible, by year(s), name of the party or parties involved, and/or the circumstances or events in focus. Then close the FOIA request with a sign off.
Note that some agencies have instructions on where a FOIA request is to be sent (you can look for that online, or call to inquire). While it is not required that the FOIA request be transmitted by certified mail/return receipt requested, doing so is one way to seek to show that you not only sent it, but that it was received. The agency is required to respond within 20 working days (excluding weekends and legal holidays).
Q: There was a local incident that at first was well reported. An older person was run over by a hit-and-run driver. We think they have since found the identity of the driver, who may be a local official, but there is radio silence. Our neighbor suggests we try a Public Records Act request. Can you give us some guidance on that?
M.B., (location withheld)
A: The Public Records Act is found at California Government Code Sections 6250 through 6277. The act gives you, as a member of the public, the right to request information from California governmental agencies, which includes both state and local/municipal governments. In some instances, you may be able to learn online or by phone where to send the request, depending on which agency the request is going to (such as, the police department, highway patrol, zoning commission, district attorney’s office or mayor’s office, among others). As with a FOIA request, be specific about what you are seeking, and to whom and where the records are to be sent. The agency has 10 calendar days to respond to you, but may indicate it needs more time to locate, review and produce the records (which can mean a 14-day extension for “unusual circumstances”).
As with a FOIA request, some records may be deemed confidential or otherwise off-limits.
A Public Records Act request, however, should not be costly or time consuming. It is the law, and compliance is expected to the extent authorized and permissible. I cannot say the request will unveil what you are looking for, and records you get may have redactions (which the agency can seek to justify), but, as they say, “nothing ventured, nothing gained.”
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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