How To: FOIA

What is the Freedom of Information Act?

The Supreme Court has never specifically found that the First Amendment of the Constitution gives journalists or the public access to the meetings and records of the government. Therefore, statutorily-granted access to these records is the way that people access this information. These "access laws" are often referred to collectively as the Freedom of Information Act (FOIA). These laws give the public the right to know what the government is doing, what documents they're using, and how it makes laws that affect the people.

For a list of what parts of the government FOIA laws apply to, click here.

FOIA gives you access to printed and electronic records of the above government agencies, except for those which fall under these nine categories. In order to request public records, you must "reasonably describe" what records you want. You do not need to know the exact document, but it's important that your request is as specific as possible so government employees are able to locate the records you're looking for within a reasonable amount of effort and time.

How do I make a public records request using FOIA?

Usually the best place to start is with an informal phone or email request to an agency asking for which documents you are looking for. Sometimes agencies will comply with your request, and other times they won't. An informal request via email or phone does not place the agency under any legal obligation to act on your request. Only a formal, written request will place the agency under legal duty.

If an informal request fails, then use your rights under FOIA to make a formal request in writing.

Tip: If you're unsure which agency or office is the owner of the records you seek, send the same request to multiple agencies or offices.

An extremely helpful tool for making a formal FOIA request was created by the Reporters Committee for Freedom of the Press, called iFOIA. The website offers a free and simple to use FOIA request generator that produces a customized records request letter by answering a few prompts concerning the information you seek. As an added bonus, the free tool also contains a database of contacts from a variety of agencies and offices that are constantly updated by iFOIA users. An email is even auto-generated and sent the contact(s) that you choose (you can customize it, too!).

Tip: Check out this list of tips for writing a FOIA request from Poynter.

Ohio FOIA Laws

From the National Freedom of Information Coalition:

Ohio Open Meetings Law

The Ohio Open Meetings Law legislates the method by which public meetings are conducted. A meeting is defined as any prearranged discussion of public business by a quorum of the public body. If violated, a court may void any action taken during a meeting in violation and assess fines of up to $500 and attorney fees. Violations of court-issued injunction to prevent violation of law can result in removal from office.

Open Meetings Law Ohio Rev. Code sec. 121.22 et seq.

Closed: Real estate transactions; certain personnel matters; certain law enforcement meetings; Adult Parole Authority; and certain medical board meetings.

Ohio Open Records Law

The Ohio Open Records Law, first enacted in 1963, is contained in Section 149.43 of the Ohio Revised Code. The law describes what records are available, what agencies are covered, what fees can be charged, who can ask for records, etc. Records include all records kept by any public office as well as records of both non-profit and for-profit private schools.

Anyone may request public records and no statement of purpose is required. In fact records requests need not even be submitted in writing and can be made anonymously. There are no restrictions to the use of records and the Ohio Open Records Law does not specify a time limit on open records request.

Open Records Law Ohio Rev. Code sec. 149.43 et seq.

Exempt: Personal bank records; medical records; adoption records; probation and parole records; and certain law enforcement investigative records.

Visit Ohio Sample FOIA Request to view sample FOIA request for the state.

Other FOIA Resources

Introduction to the Freedom of Information Act
Poynter

FOIA Letter Generator
Student Press Law Center

Sample FOIA Requests
National Freedom of Information Coalition

Fighting for Records
Investigative Reporters and Editors (IRE) Tipsheet

Finding and Negotiating for Data
IRE Tipsheet

Records Requests Blog
The Art of Access

FOIA Guide
Society of Professional Journalists (SPJ)

Open Government Guide
Reporters Committee for Freedom of the Press

If you have any questions about FOIA, please do not hesitate to reach out to Jaelynn Grisso (jaelynn@matternews.org) or Marisa Twigg (marisa@matternews.org).