Common Problems & Questions
This page is a guide to the most frequent issues and questions people encounter when requesting public records. Each section includes what the law says, how agencies often respond, and what you can do—politely and professionally—to keep the process moving.
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🚫 “Your request is too broad or vague.”
What it means:
They’re asking you to narrow your search so it’s easier—or cheaper—for them to fulfill.
What to do:
· Add specific dates (e.g., “between January 1, 2023 and December 31, 2023”).
· Name specific people or departments (e.g., “emails between the County Treasurer and [Vendor Name]”).
· Specify document types (e.g., “meeting minutes, budgets, and contracts”).
· Politely ask: “Can you suggest how I might refine this request to fit within your search system?”
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⏳ Delays beyond the legal deadline.
What the law says:
Most states require an initial response within 5–15 business days. They can extend for complex requests, but they must notify you.
What to do:
· Send a polite follow-up email referencing the original request date.
· Ask for a new estimated completion date in writing.
· Document everything. Keep a log of all communications and missed deadlines.
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📄 They only provide paper copies or charge high fees.
Your right:
You can request records in their original electronic format if they exist digitally. Fees should only cover actual costs—not overhead or profit.
What to do:
· Ask for digital copies (PDF, spreadsheet, etc.) in your initial request.
· Request a detailed fee estimate before paying.
· Ask to inspect records in person if fees seem unreasonable (often free).
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🔒 Heavy redactions or unclear exemptions.
The rule:
If they black out text, they must cite the specific legal exemption for each redaction.
What to do:
· Ask for an exemption log (a document listing each redaction and the reason).
· Politely question vague claims like “privacy” or “security” without specifics.
· Appeal if redactions seem excessive or improperly justified.
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📬 No response at all (being ignored).
Stay calm and professional.
Silence is not a legal response.
What to do:
· Send a certified letter if emails go unanswered.
· CC a supervisor or public information officer on follow-ups.
· File an administrative appeal based on “deemed denial” (some states allow this if they miss the deadline).
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💬 Rudeness, intimidation, or personal questions.
Your stance:
You have a right to public records regardless of who you are or why you’re asking. You do not have to explain your purpose.
What to do:
· Do not engage in arguments. Stick to the request.
· Redirect to the law: “I’m simply exercising my right under the Freedom of Information Act.”
· Document disrespectful interactions (dates, names, quotes) for possible appeals or oversight complaints.
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📂 They say the records don’t exist.
What to do:
· Ask how they searched (which systems, date ranges, keywords).
· Request a sworn affidavit or written confirmation that a diligent search was performed.
· Follow up with a more specific request if you believe records should exist.
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🏛️ “This isn’t a public record.”
Common excuses: Drafts, personal notes, “pre-decisional” materials.
The truth:
Many drafts and internal notes are public records unless a specific exemption applies.
What to do:
· Ask for the specific statute they’re citing.
· Politely remind them that the burden is on them to prove an exemption—not on you to prove it’s public.
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⚖️ When to consider legal action.
Legal action is a last resort, but an option if:
· All appeals are exhausted.
· There’s a clear violation of law (e.g., blanket denial, excessive delays, wrongful redactions).
· You have the time and resources to pursue it.
Steps before court:
1. Internal appeal within the agency.
2. State transparency commission or ombudsman (if your state has one).
3. Consult with a FOIA attorney or legal aid organization.
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🛡️ A final reminder:
Respect keeps doors open.
Frustration is understandable, but professionalism is non-negotiable. Every polite, persistent request strengthens the system for everyone.