Chip Stewart of the TCU Schieffer School of Journalism shares some practical tips on how to get access to public records.

1. The art of access:strategies to Get the records you need Texas Center for Community Journalism Workshop, Aug. 4, 2011

2. The guidebook The Art of Access: Strategies for Acquiring Public Records By David Cuillier (current SPJ FOI chair) and Charles N. Davis (former director of National Freedom of Information Coalition) CQ Press 2010, $23.95

3. Step 1: Get in the FOI habit Developing “a document state of mind” Remember who the government works for and why we have FOI laws You are doing your job and the public’s business Make an “FOI First!” sign & designate a day of the week to be your FOI day Find an FOI Friend TCCJ, FOIFT, local SPJ chapter Network, brainstorm, find ideas that have worked elsewhere Make a Twitter list: @MediaLawProf, @TxFOIFT, @DavisCN, @RCFP, @TCCJ @JoelCampbell

4. Step 2: become an expert You’re here – that’s a great start! Keep a copy of the law handy Get the Attorney General handbooks (which are free) and read them Expect the exceptions (real or made up) that records custodians will throw at you Always ask how that exception applies, why you can’t have that record today, what parts don’t need to be redacted If you’re confident in the law, your response will be accurate (and they may not know what to do)

5. Step 3: learn about records How are documents kept? Who keeps them? Where and how? Identify your records custodians, introduce yourself, get to know them Find out where documents are created and where they go to die Ask for a list of records and documents that agency/body keeps Ask for an FOI log – who is filing requests and what are they asking for? Find everything you can online

6. STEP 4: make good requests Do your homework know who keeps what records, find out what the record is called, be specific Ask verbally first Be polite, show respect, build relationships, understand that it is more work for them Write a good, specific letter Choose a tone – honey or vinegar? Argue interests rather than positions “Getting to Yes” – principled negotiation Understand motivations of record-holders

7. STEP 5: overcoming denials Common denials No response Your request is overly broad That record doesn’t exist We’ll get back to you Part is covered by exemption, so you can’t have any of it You can have it…for $105,000 Make the denial the story Seek administrative options (appeal, AG) Get legal help & file a lawsuit