West River Eagle

FOIA requests quick and easy to make, not always quickly received



Making a Freedom of Information Act request is a simple process. Write a letter requesting the documents you want, the format you want (electronic or paper), and wait.

The waiting is he hardest part. Some people wait years for their requests to be fulfilled, and some documents arrive heavily redacted — which means there are a lot of black boxes covering details deemed classified or private information that if released could be damaging to individuals or groups.

According to FOIA.gov, “Agencies typically process requests in the order of receipt.  The time it takes to respond to a request will vary depending on the complexity of the request and any backlog of requests already pending at the agency.  A simple request can be processed faster by the agency than one that is complex.  Simple requests are typically more targeted and seek fewer pages of records.  Complex requests typically seek a high volume of material or require additional steps to process such as the need to search for records in multiple locations.  The agency’s FOIA Requester Service Center is available to assist you with any questions about the status of your request or any steps you can take to receive a quicker response.”

When you go on to the FOIA.gov website, you can search a list of government agencies, but you need to know the agency from which you are requesting information. You also need to know what information you are requesting.

Many agencies do not have a person designated to only address FOIA requests, so the person locating what you are requesting may have other duties in addition to searching for your request, and your request may be just one on a long list of requests for similar or different information, which could add to the wait time.

But this act is for federal institutions. Each state has its own version of the federal FOIA.

“The South Dakota Sunshine Law is a series of laws under S.D.C.L. 1-27-1 et seq. The law is designed to guarantee that the public has access to the public records of governmental bodies in South Dakota,” according to USLegal.com.

The law provides for the methods by which public meetings need to be conducted. Cities and counties are obligated to publish their meeting minutes, and have restrictions on what information can be discussed in closed executive sessions.

If you were to make a request from a local city or county office for information, such as the Dupree City offices, the financial officer would most likely be the person who gathers the information and provides it for the person making the request.

If you are requesting meeting minutes, you need to know which newspaper the city or county has designated for its primary communication source in which is publishes regular and special meeting minutes within a reasonable time after the meeting has occurred.

Some public entities broadcast their public meetings, and others publish their minutes on their websites for public access.

If you are in need of information from a federal agency or state agency, contact the agency and ask them to whom you should send your request, and identify the information you want.

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