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Celebrating OGIS’s First Five Years

Sunshine in Government Initiative Coordinator Rick Blum presents OGIS founding Director Miriam Nisbet with the Sunshine in Government Award. (Photo by Carrie McGuire)

Sunshine in Government Initiative Coordinator Rick Blum presents OGIS founding Director Miriam Nisbet with the Sunshine in Government Award. (Photo by Carrie McGuire)

As in past years, we at the Office of Government Information Services (OGIS) were too busy to celebrate our birthday on September 9. Instead, we marked our 5th year on October 31 with representatives from the requester and agency communities as well as House and Senate staff of the committees that helped create and now oversee OGIS.

Dubbed “OGIS at Five,” the half-day program focused on OGIS’s accomplishments in the last five years—and where the Office is headed in the next five years. And the Sunshine in Government Initiative (SGI), a coalition of media groups committed to promoting policies that ensure government is accessible, accountable and open, presented OGIS founding Director Miriam Nisbet with the Sunshine in Government Award. (More on that later.)

Discussion ranged from OGIS’s effect on the FOIA process to the balance between OGIS’s two missions of providing mediation services and reviewing agency policies, procedures and compliance to some requesters’ frustrations that OGIS does not have power to order agencies to release records.

One of our biggest challenges in our first five years was balancing our two missions, said Director Nisbet, who walked into an empty office on September 9, 2009, with no staff and requests for assistance already on her desk. “We really had to deal with those requests and deal with them quickly,” she said. Those requests dictated that OGIS focus on providing mediation services to both requesters and agencies. Mediation is “not ever going to take the place of litigation, but mediation is better than battling things out in the courtroom,” she said.

Bill Holzerland, director of the Division of Information Disclosure at the Food and Drug Administration’s Center for Devices and Radiological Health, has worked with OGIS from positions at three different agencies. Through our Dispute Resolution Skills training, OGIS has helped agencies overcome “the fear of engaging in conversation with the requester,” he said. “Engaging in dialogue in good faith with the requester certainly solves problems. At the minimum, it establishes a track record at the agency of working with the requester.”

Hundreds of FOIA professionals from across the government have taken our training since we began offering it in 2010.

The tension between providing mediation services and reviewing agency FOIA policies, procedures and compliance is one that Senator Patrick Leahy of Vermont was well aware of when Congress created OGIS in the 2007 amendments to FOIA, said April Carson, majority counsel to the Senate Judiciary Committee, which Sen. Leahy leads.

“The work OGIS has done has set a benchmark,” said Ms. Carson.

Krista Boyd, minority counsel to the House Oversight and Government Reform Committee, said “there is such trust in [OGIS’s] ability to carry out FOIA reforms effectively,” in part because of OGIS’s independent voice in advocating for the FOIA process. OGIS, she said, “gives both agencies and requesters a place to go to keep them from jumping into litigation.”

We at OGIS recently addressed the tension between the two missions by creating two teams, one overseeing mediation services and another overseeing review, a move that Ms. Boyd embraces. “I think the shift in staffing is an excellent idea,” she said. (Stay tuned to the FOIA Ombudsman in the coming weeks for more about the expansion of our review program to include assessments of agency FOIA programs.)

Lauren Barlow, counsel to Senator John Cornyn of Texas, who teamed with Sen. Leahy to help create OGIS, said the Office’s success is as a catalyst to “smooth the FOIA process from beginning to end” for both requesters and agencies.

Brad Heath, a reporter with USAToday, said that he had “tremendously high expectations” for OGIS, but said in his experience “the actual mediation process hasn’t led to the one thing I want, which is records.” As an ombudsman, OGIS cannot compel agencies to release documents, enforce FOIA or make determinations or dictate resolutions to disputes.

“It is good that when you deal with OGIS, you do get a more fulsome explanation of the process,” Mr. Heath said.

Nate Jones, FOIA coordinator for the National Security Archive, an independent non-governmental research institute, said he expected more review of agency FOIA compliance in OGIS’s first five years. At the same time, he said, one cannot ignore how “tremendously useful OGIS has been.”

Where will OGIS be in five years?

“I hope in five years OGIS is out of business or severely bored,” Mr. Holzerland said. (We’ve often said that we’d love for FOIA to be working so well for both FOIA professionals and requesters that there’s no need for OGIS.)

Absent from the “OGIS at Five” program was the surprise presentation of SGI’s Sunshine in Government Award, which SGI usually presents during Sunshine Week. The coalition decided to fast-track the award for Director Nisbet upon hearing of her retirement at the end of November.

“Miriam has accomplished so much. She took a 104-word mandate that Congress wrote into the federal FOIA and brought it to life. She conducted the office in a non-lawyerly, public-facing manner. She helped hundreds of requesters understand the responses they were getting from agencies, or pushed agencies to respond when they couldn’t or simply refused,” said Mr. Blum. (Read his full comments here.)

OpenTheGovernment.org and the Newseum Institute sponsored the event at the Newseum.

10/21 FOIA Advisory Committee Meeting Wrap-Up

Image - WPA Library bookmobile, NARA Identifier: 195912

Rethinking FOIA takes careful study. (NARA identifier 195912)

On October 21, 2014, the FOIA Advisory Committee met to continue its efforts to examine and address FOIA oversight and accountability, proactive disclosure, and FOIA fees.

Archivist of the U.S. David S. Ferriero opened the meeting by noting that the momentum behind government openness and transparency is growing around the globe. In September, President Obama spoke at the Open Government Partnership meeting at the United Nations about the importance of Open Government and U.S efforts. President Obama referenced the work of the FOIA Advisory Committee, citing efforts to modernize FOIA so that it’s easier to administer and use.

Mr. Ferriero also acknowledged Office of Government Information Services (OGIS) Director Miriam Nisbet who will retire from Federal Service at the end of the year.

To ensure that the Committee’s Oversight and Accountability, Proactive Disclosures, and FOIA Fees subcommittees have a clear path in the coming months to recommend improvement to FOIA, the Committee dedicated the majority of the meeting to status reports from the subcommittees’ Co-Chairs.

Oversight and Accountability Subcommittee Co-Chairs Martin Michalosky and Mark S. Zaid reported that the subcommittee agreed to focus its efforts on

  • identifying current authorities for oversight and past actions (program reviews, audits, reports, inspections, etc.) that have been completed by open government groups and others over the past 10 years;
  • determining opportunities for additional oversight;
  • assessing the implementation of the FOIA Public Liaison role and determining opportunities for improvement;
  • evaluating past litigation review efforts; and
  • determining opportunities for further oversight.

Mr. Michalosky noted that the subcommittee discussed oversight practices that work well within agencies, including self-policing, internal audits, as well as what agencies do across the board. Mr. Zaid observed that reports, studies, hearings, and investigations regarding FOIA oversight are not available in one central place and suggested creating such a collection online.

Proactive Disclosures Subcommittee Co-Chair David S. Reed presented an overview of the FOIA’s proactive disclosure requirements and the Department of Justice’s guidance encouraging agencies to proactively make information available to the public. Mr. Reed touched on the DATA Act and the benefits of standardizing proactive disclosures. Mr. Reed and Co-Chair Eric Gillespie explained the challenge the subcommittee faces in breaking down Federal agencies’ FOIA request by record type, request type, or requester type and in obtaining FOIA logs with sufficient descriptions to get the data needed for analysis. Mr. Reed and Mr. Gillespie asked whether there are agencies represented on the Committee that would be willing to pilot a project with the subcommittee on this issue.

FOIA Fees Subcommittee Co-Chairs James Hogan and Ginger McCall noted that the subcommittee had explored how Federal agencies and FOIA requesters perceive FOIA fees, how data could help define and analyze the issues, and how other countries handle open access law fees. Issues identified by the subcommittee include

  • lack of understanding among FOIA requesters and Federal agencies regarding fee-related FOIA definitions and requirements;
  • the lack of consistency in fee-related decisions; and
  • how fees are used in voluminous and vague requests.

The Committee has set an ambitious agenda. We look forward to updating you on the Committee’s work. Please visit the FOIA Advisory Committee’s webpage and subpages at https://ogis.archives.gov/foia-advisory-committee.htm for information about the Committee and how you can get involved. Do you have ideas or opinions you’d like to share? We’d love to hear from you!

October 21 FOIA Advisory Committee to be live streamed!

Grab some popcorn and join us for the livestream! (National Archives Identifier 195750)

Grab some popcorn and join us for the livestream! (National Archives Identifier
195750)

The National Archives will host—and live stream—its second Freedom of Information Act (FOIA) Advisory Committee meeting on Tuesday, October 21, 2014. The Committee will discuss the FOIA issues on which it has agreed to focus: FOIA oversight and accountability, proactive disclosures, and FOIA fees.

Due to space limitations and access procedures, advance registration is required. Spaces to attend the meeting are still available. Learn more here on the OGIS blog.

Can’t make it in person? We’ll live stream the meeting on the National Archives’ YouTube channel. Launched in June 2009, the YouTube channel highlights popular archived films from the National Archives holdings, informs the public about NARA events, and brings NARA exhibits to the people. The URL for the FOIA Advisory Committee meeting is https://www.youtube.com/watch?v=xL_X4-VHr9A.

To learn more about the FOIA Advisory Committee, visit the Committee’s webpage at https://ogis.archives.gov/foia-advisory-committee.htm.

 

 

FOIA Advisory Committee to meet October 21

National Archives Identifier: 6606170

Attention all readers! The FOIA Advisory Committee is gearing up for its second meeting later this month. (NARA Identifier 6606170)

The Freedom of Information Act (FOIA) Advisory Committee will meet on Tuesday, October 21, 2014. The meeting, which is open to the public, will discuss the FOIA issues on which the Committee has agreed to focus:  FOIA oversight and accountability, proactive disclosures, and FOIA fees. Speakers will include David Ferriero, Archivist of the United States; Miriam Nisbet, FOIA Advisory Committee Chair and Office of Government Information Services (OGIS) Director; and FOIA Advisory Committee Members.

Doors open at 9:30 a.m. for the meeting, which runs from 10 a.m. to 1 p.m. in Room 105 (the Archivist’s Reception Room) of the National Archives and Records Administration, 700 Pennsylvania Avenue, NW in Washington, D.C.

Although this meeting is open to the public, space limitations and access procedures require that individuals planning to attend register for the event via Eventbrite. Eventbrite registration for this event will go live on Tuesday, October 7, 2014 at 10 a.m.

Eventbrite - Freedom of Information Act (FOIA) Advisory Committee Meeting

The committee—comprised of 10 government members and 10 non-governmental members with considerable FOIA expertise—is mandated in the second Open Government National Action Plan (NAP) with studying FOIA across the government and advising on ways to improve it.

For questions about accessibility or to request accommodations, please contact Christa Lemelin at 202-741-5773 or foia-advisory-committee@nara.gov.

Learn more about the Committee at https://ogis.archives.gov/foia-advisory-committee.htm. Learn more about submitting questions and comments to the Committee at: https://ogis.archives.gov/foia-advisory-committee/contact-us-submit-comments.htm

OGIS’s Website – And We’re Back!

We resolved our issues with the OGIS website. We apologize for any inconvenience this may have caused you and we appreciate your understanding. If you’re still experiencing issues with our website, please let us know.