Chief Freedom of Information Act Officers Council Meeting Meeting Minutes – September 15, 2016

All meeting materials are available on the Office of Information Policy’s (OIP’s) website at: https://www.justice.gov/oip.

Speakers:

• Melanie Ann Pustay, Director, Office of Information Policy (OIP), Department of Justice (DOJ), Council Co-Chair
• Katie Townsend, Director of Litigation, Reporters Committee for Freedom of the Press A full list of attendees is included at the end of the minutes.

Introduction and General FOIA Updates from Ms. Melanie Ann Pustay

• The meeting was called to order at 10:00 a.m. by Council Co-chair Melanie Ann Pustay.
• Ms. Pustay welcomed everyone to the second Council meeting and stated that the focus of the meeting was hearing from the journalist community in order to factor in their views related to the “Release to One is a Release to All” presumption.
• ​Before turning to that topic, Ms. Pustay provided Council members with updates from OIP including an overview of newly issued guidance and further information regarding the consolidated FOIA portal.

“Release to One is a Release to All” Questionnaire

• Ms. Pustay then discussed the results of the questionnaire which sought feedback on agencies’ ability to implement the “Release to One is a Release to All” policy by January 2017.
• Ms. Pustay stated that 61 agencies responded to the questionnaire with 27 agencies indicating that they could fully implement the presumption by January 2017.
• Ms. Pustay further discussed the findings of the questionnaire in which many agencies noted that they would like a staggered implementation, such as on a quarterly or bimonthly basis.
• Ms. Pustay also noted the suggestions given regarding possible exceptions to the presumption.

Remarks from Ms. Townsend on the Results of the Journalist Community Survey

• Ms. Townsend discussed the findings of her organization’s survey which was a launched online after the inaugural Chief FOIA Officer Council meeting in July 2016.
• Ms. Townsend explained the purpose of the survey – to obtain feedback related to the concern that the “Release to One is a Release to All” policy could remove some of the incentives journalists have to make FOIA requests.
• Ms. Townsend stated that 119 responses were received and that respondents were anonymous, 12 responses were removed.
• Ms. Townsend noted that the survey results are available on www.rcfp.org.
• Ms. Townsend explained that while some respondents indicated that the policy would hurt journalistic reporting, the overall survey indicated support of such a policy provided it included a built-in delay between releasing records to the requester and posting them for the public.

Questions

• Ms. Pustay then opened the floor to discussion. Mr. Kevin Goldberg, Legal Counsel to the American Society of News Editors, stated that his conversations with members of the American Society of News Editors largely reinforce the Reporters Committee’s survey results. He expressed support for a standard delay, and provided other comments for the Council to consider.
• Other attendees commented on the presentations and the "Release to One Release to All" presumption, including expressing concerns with requiring a delay. Ms. Pustay then discussed different aspects of the presumption that will be evaluated in preparation for the guidance.

Meeting concluded at 12:00 PM.