Freedom of Information Act Requests
I bet there would be a lot fewer frivolous, anonymous complaints against dog owners if neighbors knew that you could find out who made the complaints. As a matter of fact, you can.
Anyone can file a Freedom of Information Act Request for information with local government agencies, including animal service groups that work for your city. Here's the basic process:
Where to Request Records
If you know which Commerce Bureau maintains the records you are seeking, you can request the information directly from that Bureau's FOIA/Privacy Act staff. Otherwise, send your request to EFOIA@doc.gov; or by postal service to: Department of Commerce, Departmental Freedom of Information Act Officer, Office of Management and Organization, 1401 Constitution Ave., N.W., Washington, D.C. 20230. Please mark the envelope "Freedom of Information Act Request."
How to File a FOIA Request
A FOIA request can be made for any agency record that is not publicly available. Describe as best as possible the records you are requesting. In your description include information such as the date and place the records were created, the file descriptions, subject matter, persons involved, and other pertinent details that will help identify the records. Please be aware that the FOIA does not require agencies to answer questions, or to create records to respond to a request.
FOIA requests must be in writing. Please include a mailing address, a daytime telephone number so we may contact you if necessary, and keep a copy of your request; you may need to refer to it for further correspondence with the agency.
Sample FOIA Request Letter
Date
Freedom of Information Act Request
Agency Head or FOIA Officer
Name of agency or agency component
Address (see discussion above on whom to contact)
Dear __________:
Under the Freedom of Information Act, 5 U.S.C. § 552, I am requesting copies of [identify the records as clearly and specifically as possible].
If there are any fees for searching or copying the records, please let me know before you fill my request. [Or, please supply the records without informing me of the cost if the fees do not exceed $______, which I agree to pay.]
If you deny all or any part of this request, please cite each specific exemption you think justifies your withholding of information. Notify me of appeal procedures available under the law. Optional: If you have any questions about handling this request, you may telephone me at ___________ (home phone) or at ___________ (office phone).
Sincerely,
Name
Address
FOIA FEES
A fee is not charged if the charges for processing the request are less than or equal to the cost of routine collection and processing of the fee. Therefore, if the total of charges due for processing a request is $20 or less, no fee will be charged. If the estimated fee for search or duplication charges exceed $25 the requester shall be notified, unless the requester has stated in the FOIA request an amount sufficient to cover the estimated fees.
(There's a chart on the government page about FOIA which can give you some idea about possible fees, but for most small requests there is no charge or minimal charge.)
Response Time
Under FOIA, you have a right to a response within twenty business days excluding Saturdays, Sundays and legal holidays. The period begins on the day the request is actually received by the FOIA office which maintains the records requested. DOC makes every effort to meet this time frame, however, under certain circumstances, this period may be extended up to 30 business days. Agencies are allowed an additional ten business days when: (1) they need to collect responsive records from field offices; (2) the request involves a "voluminous" amount of records which must be located, compiled, and reviewed; or (3) if an agency must consult with another agency which has a substantial interest in the responsive document. When an extension is needed, the requester may be notified and offered the opportunity to modify or limit their request.
The court has sanctioned a practice of generally handling backlogged FOIA requests on a "first-in, first out" basis. The electronic FOIA amendments authorizes agencies to promulgate regulations providing for "multitrack processing" of their FOIA requests. The Department of Commerce has a decentralized FOIA system, and each Bureau/Administration may use two or more processing tracks to distinguish between simple and more complex requests. This will be based on the number of pages involved, some other measure of the amount of work and/or time needed to process the request, and whether the request qualifies for expedited processing as described below.
Expedited Processing
You may be entitled to an expedited response of less than 20 days. A FOIA request may receive "expedited" treatment in cases where there is a threat to someone's life or physical safety; the requestor is primarily engaged in disseminating information and has established that the request is urgently needed to inform the public concerning some actual or alleged government activity; or where an individual will suffer the loss of substantial due process rights if the records are not processed on an expedited basis.
This is just an overview about the Freedom of Information Act and your rights. For more information you should visit the Freedom of Information Act web site. I do know a number of people who have been unfairly targeted by neighbors or animal rights people and who have turned the tables on them by using the Freedom of Information Act to find out who their accuser was. I think people have the right to know who makes an anonymous complaint about them and their dogs. It's happened to me and it's a very helpless feeling. You can pursue litigation against people who make false claims against you. It might cut down on some of the harassment of dog owners.
