Public Comments Submitted by Annette Burke-Lyttle

The Association of Professional Genealogists (APG) wholeheartedly supports
the Model Determination Letter recently published by the Office of Government
Information Services (OGIS), which instructs agencies to provide thorough
explanations to requesters about things such as how searches were done, or
which specific exemptions are being invoked. Based on our members’
experiences, we would like to make some suggestions for additional ways in
which agencies can provide valuable information:

1. Explanation of Lost or Missing Records.

In instances where requested records are known to have existed but cannot be
located, it is imperative that agencies provide thorough explanations for
their absence. Acknowledging the existence of such records without being able
to produce them can be deeply frustrating for requesters and hinder their
research. Therefore, the determination letter should outline all efforts made
to locate these records, including searches through various databases, and
historical repositories. By detailing the steps taken to find the records,
agencies demonstrate transparency and ensure that researchers can trust in
the integrity of their search process.

2. Records Destroyed Pursuant to a Retention Schedule.

When records have been destroyed according to an established retention
schedule, agencies should be forthcoming in providing clear information about
the destruction. This enables requesters to comprehend the circumstances
surrounding the loss of potentially valuable historical data and allows for
alternative approaches to be explored in reconstructing the missing
information.

3. Discretionary Release of Records That Are Not Technically Responsive.

In some cases, an agency may possess records that do not strictly meet the
technical parameters of the requester's inquiry but could still be of immense
value in their research. Agencies should, therefore, exercise discretion and
offer records they believe may be useful to the requester, even if not
directly responsive to the specific request. This generous approach fosters
collaboration and openness of government.

APG urges government agencies to adopt these practices in their determination
letters, as they will significantly contribute to fostering a more
transparent and cooperative relationship with the researcher community.

Annette Burke-Lyttle
President, Association of Professional Genealogists