FOIA Ombudsman Should Cultivate Reputation for Fairness, Responsiveness

The National Archives and Records Administration should use resources when allocated from Congress for the new Office of Government Information Services to strengthen public trust in federal agencies' responses to Freedom of Information Act requests and cultivate a reputation for fairness in helping resolve disputes over government documents, according to <a href="http://www.sunshineingovernment.org/foia/OGIS_startup.pdf">recommendations</a> released today from the Sunshine in Government Initiative.

Congress created OGIS as an independent ombudsman to mediate FOIA disputes and analyze FOIA operations in federal agencies as part of the Openness Promotes Effectiveness in our National Government Act of 2007, or OPEN Government Act.

NARA should design a mediation system that helps as many people as possible while not allowing the process to be overrun with requests or create another delay in the federal government's response to requests for documents under the FOIA.

If OGIS were to guarantee mediation services to all comers, it would be quickly overrun. If OGIS were to selectively review a few cases thoroughly, many requests would languish without the benefit of mediation. SGI suggests a combination system where OGIS responds informally to as many requesters as possible while providing thorough review of selected cases involving problems faced by many requestors. These advisory opinions should be easily accessible online to serve as reference material for requesters, agencies, and OGIS mediators, all of whom can benefit from the impartial advice of OGIS's experts.

OGIS should also focus on helping requesters who are unlikely to litigate FOIA requests or intend to disseminate information to the public. The mediation process should allow requesters to make their case using email and other inexpensive means of sharing documents. The process should be easy and accessible to participants.

In addition to creating the independent ombudsman's office at the Archives, the OPEN Government Act changed the process that agencies use to fulfill FOIA requests by increasing reporting requirements, easing the recovery of legal fees for requesters whose lawsuits result in the government turning over documents, and creating penalties on agencies that miss response deadlines.

President Bush signed the legislation into law on December 31, 2007. Barely a month later, the administration's budget proposed eliminating OGIS and directing the Justice Department to carry out the functions. Congressional appropriators have joined the Sunshine in Government Initiative and other freedom of information advocates in opposing the proposed changes.

For more information, read the full set of SGI's recommendations for the Office of Government Information Services and SGI's announcement.