California Public Records Act Ombudsman Proposed

A California State Assemblyman is slated to propose a measure that would require the state to employ a public records ombudsman, who would be responsible for reviewing denials under the California Public Records Act (CPRA).  As currently drafted, the CPRA provides a court challenge option for records denials, but leaves the decision on whether a requested record should be released up to the agency.  A model for how this could work is available at the federal level where requestors have the right to administratively appeal agency denials.  The measure being considered in California is slightly different than the federal process as, on the federal level, the agency that issued the denial handles the appeal (albeit at a higher level internally than the department that issued the first denial), while the California law under consideration would create a new government position empowered to review denials government-wide. 

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FOIAing the FOIAs -- Log Review, "Tailgating," and "FOIA Traps"

When drafting public records requests, it is a good idea to get a log of what has already been requested from the agency you are querying.  FOIA logs show what has been asked for by prior recipients and provide insight on how best to request it.  Furthermore, researchers can get an actual copy of the FOIA request and the materials released in response, which is known as FOIA “tailgating." Another variation on this is known as a "FOIA trap," which is a standing request with an agency to be copied on requests and attachments fitting a certain description or received from a certain party. 

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State-by-State Guide to DMV Records

Sometimes, what would seem like or seem like it ought to be a public record may not actually be so.  Driving records are one such instance of this.  The accessibility to these records varies wildly state-to-state, making it less of a dependable source record and more of an intriguing auxiliary item.  In this entry we go over what makes these records unique and where to look for them.  

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Should Residency Dictate Access to Public Records? Louisiana Court to Decide

A trial in Louisiana district court has the potential to shape the way public records law is interpreted in the state.  On one side of the fight is Louisiana Attorney General Jeff Landry.  On the other, an Indianapolis-based public records researcher named Scarlett Martin.  At the heart of the dispute is whether Martin was entitled to sue Landry’s office for failure to comply with the Louisiana Public Records Law.  Landry’s office has asserted that Martin is not entitled to file suit because she isn’t from Louisiana.  Martin’s counsel contends that there is no such carve out specified in the law.

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Oversharing on Social Media

High profile social media gaffes surrounding Facebook and Twitter posts have led to increased diligence about sharing on those platforms.  However, users consistently and unwittingly reveal personal details on less publicized social media platforms that could prove to be just as troubling.  In an age of increased sharing, it is good practice for individuals to exercise discretion and always check their privacy settings.  From the researcher’s perspective, be aware that the public records playing field is constantly expanding.

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Let’s Hear it for the “Search Angels”

The “Search Angels” used public records to bring a little peace of mind to many people searching for friends and loved ones in the aftermath of California’s devastating Camp Fire. The volunteers, which organized themselves through the Facebook Search Squad group, used their research skills to comb through social media posts, property, marriage and other public records to help friends and family find the displaced.

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Contribute to the Library of Congress Through Crowdsourced Transcription

The Library of Congress is allowing volunteers to transcribe historical documents using the Concordia software tool. In a fascinating experiment, volunteers can assist in the tagging of photos and in several transcription projects, including a project called “Letters to Lincoln” in which the goal is to transcribe 28,000 pages of letters written to the 16th president by well wishers, special pleaders and friends.

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Access Federal Awards, Contractual Information Through USA Spending

USASpending.gov is a little-known public records resource that can be used to assess federal spending and contract awards. The database allows users to conduct searches of federal expenditures through a variety of search functions, including keyword search, domestic spending, and searches of federal agencies, as well as the individual federal accounts within those agencies.

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Is Increased Disclosure Coming Under FARA?

Lobbyists and other influencers employed by international clients have traditionally reported the bare minimum in filings submitted under the Foreign Agents Registration Act, or FARA.  In fact, law firms have largely avoided disclosure altogether due to an exemption for legal work, including their undertakings in the burgeoning field of legal communications. However, increased scrutiny on consulting work for foreign clients could bolster disclosure by lobbyists and consultants, as highlighted in a recent New York Times piece in which two law firms reported extensive legal communications work on behalf of a foreign client, despite one vendor claiming the work was exempt from reporting requirements.

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