How to File an Open Records Request

Governments may seem sneaky and secretive, but much of what they do is available for view by the public. One way to get a look at documents that may be tucked away is to file an open records request. A top tool for journalists, an open records request is a simple way to get access to files, records and data that would otherwise be tucked away in a cabinet or hidden in a legislator's desk. The request must include specific legal language or risk being ignored. Here are some tips.

Difficulty: Moderate

Instructions

Things You'll Need:

• A computer, word processor or typewriter
• An interest in obtaining documents from a government source

1. First, determine what it is you are looking for, and what it is you would like to request access to and receive a copy of. Then, determine the maximum amount you're willing to spend on copies.

2. Find out which law pertains to open records in your state. In Alabama, for instance, it's Ala. Code Sec 36-12-40 to 36-12-41. In Georgia, it's Ga. Code Ann. Secs. 50-18-70 to 50-18-77.

3. Begin typing your letter. Place the date at the top left corner, then leave a line and type the name and address of the person who will receive this letter. Start the body of the text like this: "Pursuant to state open records law, (insert law here), I write to request access to and a copy of any and all public documents related to (insert what you're looking for). If your agency does not maintain these public records, please let me know who does and include the proper custodian's name and address."

4. Leave a line of space. Then continue with: "I agree to pay any reasonable copying and postage fees of not more than (insert your maximum cost). If the cost would be greater than this amount, please notify me. Please provide a receipt indicating the charges for each document. As provided by the open records law, I will expect your response within three business days. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemptions upon which you rely. Also, please provide all segregable portions of otherwise exempt material."

5. Continue with: "Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that willful violation of the open records law can result in a fine of up to (insert fine amount) and the award of reasonable attorney fees and other costs of litigation. Thank you for your assistance." Then sign the letter, and include your contact information.

Resources

• Offers information on Open Records laws for each state.