It’s fitting that Sunshine Week falls every year while Connecticut’s legislature is in session. It’s a reminder that, even though Connecticut, like every other state in the nation, has a fairly robust law protecting the public’s right to know, access to public information is always under threat.

Sunshine Week is about celebrating the culture of open government that public records laws like Connecticut’s Freedom of Information Act protect and ensuring the whole public, not just journalists like me, understand how they can use the law.

But, every year, as journalists like me are trying to convince people they should care about and use FOIA, it’s against the backdrop of numerous pieces of legislation seeking to exempt ever more categories of information from the public’s view.

To date, over 30 bills that reference FOIA—the overwhelming majority of which exempt additional records—have been introduced in Connecticut. Multiple pending court cases are also seeking to rewrite the state’s FOI law to allow public agencies to charge requesters hourly fees for the time spent searching for responsive records.

This all means you shouldn’t take your right to know for granted. And, whether you’ve yet filed a public records request or not, it is your right to know. One of the most important elements of Connecticut’s FOI statute is that it does not take into account who you are or why you want records. Whether you’re a journalist like me who’s trying to trace down a tip about corruption, or a concerned parent who wants to learn more about spending at the municipal ball field, FOIA protects your right to know.

But if you’ve never filed a request before, figuring out where to start can be intimidating.

Not to worry! Whether you’re a novice filer or just looking to brush up on your technique, I’ve compiled a list of tips below, covering everything from what you should know before you file to what you can do with information after you’ve obtained it:

What to Know Before You File

1. FOIA does not require public agencies to create documents that already exist or to analyze information.
2. FOIA does not require public agencies to forward a request for information that’s maintained by another agency.
3. Agencies cannot require you to submit a records request in a particular way. You can submit a FOIA request to any member of a public agency. But submitting it to the agency’s designated contact or portal can speed up handling your request.
4. FOIA allows public agencies to charge certain fees, particularly copying fees for paper records. Requesting electronic records, when possible, can minimize those fees. FOIA also allows for some hourly fees, but does NOT currently allow agencies to charge hourly fees related to time employees spend searching for and redacting records.
5. FOIA requires agencies to acknowledge requests within four business days and to respond to requests promptly and without reasonable delay. The scope of your request may impact what’s considered a reasonable response time.
6. There’s no language you’re required to use when you file a request. But including certain language may help your request be processed. Inside Investigator has template language, as does like the National Freedom of Information Coalition.

Tips for Successfully Getting Records Back

1. Do background research.
   • Before you file:
     • Make sure the information you’re seeking is not covered by one of FOIA’s exemptions.
     • Check public reporting and databases to make sure the information you’re seeking isn’t already available.
     • Identify the correct agency that maintains the information you’re seeking.
     • Contact the agency to see if they’ll provide the information without going through FOIA.
2. Use concise language.
   • The more specific your request, the easier it is for agencies to identify and provide the information you’re seeking.
   • When possible, identify documents by name. Use URLs to public websites or news stories that identify information you’re seeking.
3. Keep it narrow
   • Narrower requests are often processed faster. Keep this in mind when thinking about things like timeframes that may be relevant to a request.
   • Identify key dates in requests that involve timeframes and prioritize dates a few days or weeks on either side of them. You can always file a series of related requests with different dates.
   • Instead of filing one large request seeking several unrelated pieces of information, file a series of requests each seeking information on a single topic.
   • Specify that you’re willing to receive responsive records in batches as records are reviewed, rather than after all records have been reviewed.
4. Be a proactive communicator
   • Public agencies may reach out with questions about your request. Make sure you respond so that the request is not closed.
   • Check on the status of your request every 30 days. If you have not communicated with an agency about a request in more than 30 days, you may not be able to file a complaint with the Freedom of Information Commission.
5. Police denials
   • When an agency denies a request, they must cite an exemption from statute. Make sure they do this.
   • Agencies don’t always properly apply FOIA’s exemptions. Sometimes, it’s based on a misunderstanding of the law. Double check the FOI statute to make sure the exemption they’re claiming applies.
   • Some exemptions require a balancing test, meaning agencies can only apply them when a certain set of circumstances exist. If you think this hasn’t been met, ask the agency to clarify and explain.
   • Once a request is closed, you have 30 days to file a complaint with the Freedom of Information Commission. Keep this deadline in mind.
   • If you miss the 30 day deadline, you can file the same request again.
6. Be polite
   • Waiting for responses to FOIA requests can be frustrating, especially if you feel the request you filed was simple and straightforward. But it’s important to be polite and respectful when communicating with agencies about requests. Being rude won’t get you information faster. Being courteous just might.
   • When contesting a denial, be firm in advocating for your rights under the FOI law, but continue to be respectful. If you believe a public agency is willfully violating the law, it’s better to bring a complaint to the FOIC.
   • Connecticut has a vexatious requester law, which allows public agencies to petition to deny fulfilling requests to individuals who harass them and abuse FOIA. Don’t give public agencies any ammunition to try to bring a complaint against you.

Using Records Once You Have Them

1. Write a letter to the editor or to a public official
   • Think you’ve uncovered an issue that warrants attention or action from the public or a public official? Let them know. You can write to an official at the public agency or government department from whom you’ve obtained records. Or, you can write to your elected representative. Part of their job is to respond to issues raised by their constituents. Many newspapers also accept editorials or letters to the editor from members of the public.
2. Go to a public meeting
   • Particularly at the municipal level, many public meetings have public comment periods. This is also a good place to meet and connect with other local residents who might share similar concerns or interests.
3. Start a blog
   • Microblogging platforms like Substack are free and relatively easy to set up. They can allow you to describe an issue, and what you’ve discovered, in a format that’s public-facing and easy to share.
4. Contact a journalist
   • The best tips journalists receive come from people with knowledge of an issue they’re concerned about—and documents to back up their claims. Look for a journalist with a published record on the issue you’re concerned about. (Submit a tip to Inside Investigator, here)

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