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Public Comments Submitted by Robert Hammond on June 6, 2022

Greetings Chief FOIA Officers, FOIA Professionals, FOIA Advocates, media, and interested parties!

The next FOIA Advisory Committee meeting is June 9, 2022, from 10:00 a.m. to 1:00 p.m.

Please see the attached public comment for the June 9, 2022 FOIA Advisory Committee entitled “Sample FOIA Template to Combat Agency Misconduct.”

This FOIA template addresses evolving developments, such as 1) a preemptive response to agency “Still Interested Requests” wherein an agency will close a FOIA request if the requester does not timely respond, and 2) including the requirement for agencies to provide estimated completion dates. See Office of Government Information Services Advisory Opinion No. 2020-01: Agencies Must Provide Estimated Dates of Completion Upon Request  ( archives.gov/ogis/advisory-opinions/2020-01-agencies-must-provide-edcs ). I am inspired by the book entitled, “The Art of Access. Strategies for Acquiring Public Records” by FOIA Advisory Committee member David Cuillier, University of Arizona, and co-author Charles N. Davis, University of Missouri-Colombia., which I am now reading. Also, see “Saving the Freedom of Information Act” by Margaret B. Kwoka.

It also addresses maligned behavior that I have encountered from a few “bad-actor” agencies over the years, including legal citations applicable to bad behavior.

In submitting this public comment, I hope to deter bad behavior by a few, which reflects negatively on the vast majority of hard-working, overwhelmed federal agency FOIA staff who follow the rules.

I would also like to recognize the extraordinary work of the 2020 to 2022 FOIA Advisory Committee. If you have a passion for improving FOIA and want to join with extraordinary leaders in the field, please consider nominating yourself for the next term of the FOIA Advisory Committee. Details to follow.

Congratulations and thanks to the extraordinary 2020 – 2022 FOIA Advisory Committee:

Government Members

  • Alina M. Semo, Chair, National Archives and Records Administration, Office of Government Information Services
  • Roger Andoh, U.S. Department of Health and Human Services, Centers for Disease Control and Prevention
  • Allyson Deitrick, U.S. Department of Commerce
  • Kristin Ellis, U.S. Department of Justice, Federal Bureau of Investigation
  • Linda Frye, Social Security Administration
  • Alexis Graves, U.S. Department of Agriculture
  • Matthew Schwarz, U.S. Environmental Protection Agency
  • Dione J. Stearns, Federal Trade Commission
  • Bobak Talebian, U.S. Department of Justice, Office of Information Policy
  • Patricia Weth,  U.S. Environmental Protection Agency

Non-Government Members

  • Allan Blutstein, America Rising 
  • David Cuillier, University of Arizona 
  • Jason Gart, History Associates Incorporated
  • Kel McClanahan, National Security Counselors
  • Michael Morisy, MuckRock 
  • Alexandra Perloff-Giles, The New York Times Co.
  • Tuan N. Samahon, Villanova University
  • James R. Stocker, Trinity Washington University
  • Thomas Susman, American Bar Association
  • Jay Wagner, Marquette University

 

With my deep respect,

Robert Hammond

Copy to: Approximately 1,000 persons and organizations, per distribution.

 

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