by Melissa Slager

Created on: August 01, 2009

Having the right to check up on your government is one thing. Figuring out how to cut through all the red tape is another.

Open records laws guarantee public access to most records held by the government. But just who is held accountable to that law, under what conditions, and multiple exemptions can make it a confusing puzzle.

So the first lesson for journalists seeking information is this: "If you want something, ask for it," says the Associated Press Stylebook, a guide for newsrooms. "Let the government decide whether it has any grounds or willingness to deny your request." Then make them back it up.

Once the door is cracked, the information in requested records - from e-mails to audio recordings to written reports - can provide a plethora of data to inform stories or lead to new ideas. Real-life examples abound, such as a review of death certificates that revealed nearly 1,000 preventable deaths in Oklahoma nursing homes, to name just one from The Society of Professional Journalists "Open Doors" guide.

The first step is to determine what information you need and who has it.

Since the mid-1990s, many public records are already readily available, often online. These include things like property tax records, sex offender registries, school test scores, meeting minutes and the like.

If more obscure - say, all the e-mail and paper correspondence sent to and from city officials regarding a lucrative land deal - then a formal written request is likely needed.

This is where knowing your laws comes in handy.

At the federal level, the Freedom of Information ActZ6EFP governs access to most records held by the executive branch. At the state and local levels, each state has its own EW56Bhttp://www.firstamendmentcenter.org/press/infor mation/topic.aspx?topic=open_recordsWH6PDopen records law, which vary in just how open they really are.

When it comes to requests for records, there's no set template to follow - although the Reporters Committee for Freedom of the Press offers a handy template. As long as it's in writing, states what you're seeking and goes to the correct person, the clock is set.

That said, here are some tips:

Call the agency's public information officer before filing your request. You may not need to make a formal request if they simply give the information to you. If not, ask for the right department and person to which to forward your request.

Be specific. What types of documents are you seeking? About what? Within what time frame?

Give clear information about who you are and who you work for, along with complete contact information. State that the request is being made in the public interest.

Ask for a waiver of any fees normally charged for research and copying, but don't expect to get it. Otherwise, set a limit and ask to be notified if costs surpass a certain amount so there are no surprise bills.

Tell the agency to give specific legal reasons for any portions of the request it chooses not to fulfill or blacks out.

State laws vary but typically follow federal law fairly closely. There are restrictions to FOIA. The law doesn't apply to Congress, for example. And there are nine exemptions to the law that allow agencies to withhold records if they choose, from national security to oil and gas well data.

Generally, information must be provided within 20 days, but there's few teeth to back up that deadline. Expect some agencies to drag their heels, especially if it's material that involves a lot of redacting - blotting out certain parts of documents.

The last word: be tenacious. Chances are, if you know the information you need and how and why you will use it, it's worth pursuing.

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