Typically, all you need to do is send a letter or e-mail to the designated appeal authority of the agency stating that you are appealing the initial decision made on your request. If necessary, filing an appeal is very simple. Often, a simple discussion between you and the agency will resolve any issues that may arise.
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Before doing so, however, you may wish to contact the FOIA professional handling the request or the agency’s FOIA Public Liaison.The FOIA Public Liaison is there to explain the process to you, assist in reducing any delays, and help resolve any disputes. You may file an administrative appeal if you are not satisfied with an agency’s initial response to your request. How do I file an administrative appeal?.So, when an office or agency responds to your request, its response will encompass those records that are subject to the FOIA. Records falling within an exclusion are not subject to the requirements of the FOIA. The third exclusion is limited to the Federal Bureau of Investigation and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed. The provisions protecting those records are known as “exclusions.” The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. Exemption 9: Geological information on wells.Ĭongress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records.Exemption 8: Information that concerns the supervision of financial institutions.Could reasonably be expected to endanger the life or physical safety of any individual Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law Could reasonably be expected to disclose the identity of a confidential source Could reasonably be expected to constitute an unwarranted invasion of personal privacy
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Would deprive a person of a right to a fair trial or an impartial adjudication Could reasonably be expected to interfere with enforcement proceedings
The FOIA authorizes agencies to withhold information when they reasonably foresee that disclosure would harm an interest protected by one of these nine exemptions. Congress established nine exemptions from disclosure for certain categories of information to protect against certain harms, such as an invasion of personal privacy, or harm to law enforcement investigations. If more time is needed to research your request, you will be notified.Not all records are required to be released under the FOIA. We will respond within five business days of receipt of the request. There will be a charge for the time necessary to gather the documents, as well as, for copying.
Documents may be copied or viewed at City Hall, or the Public Safety Department if applicable. In the event your inquiry requires a Freedom of Information request, it will be necessary to fill out the FOIA Request Form, and either email, fax, or mail it to one of the locations indicated below.
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