2. Informal telephone inquiry as to status
Posts
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Alaska
It may often be helpful to establish contact with those responsible for complying with the records request at some point during the initial 10-day period or any extension thereof, by telephone or in person, to check on the status of the request and to see whether there is anything you can do to prevent unnecessary delays.
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Arkansas
Negotiation is advisable prior to filing a lawsuit, especially in light of the very short response period. A telephone inquiry after the deadline has passed as to the status of the request would not be inappropriate. The FOIA itself is silent on the matter. Whether such an inquiry is advisable will turn largely on the agency involved and the requester’s experience with the agency.
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California
It is always a good idea to follow up a written or oral request with a telephone call to ask about the status of the agency's response to the request. This can be an opportunity to provide, on an informal basis, statutory or case law support for your request, if necessary.
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Connecticut
There are no specific provisions or reported court decisions discussing telephone inquiries.
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District of Columbia
There is no prohibition against, or specific allowance for, telephone inquiries as to status of a request.
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Indiana
There is nothing stopping the requestor from informally inquiring as to the status of the request, but the agency is merely required to produce the documents or allow the requestor to make copies within a reasonable time, so the inquiry may not yield any results. Ind. Code § 5-14-3-3(b).
Note that telephone inquiries are treated as the equivalent of an in-person request. See Ind. Code § 5-14-3-9(b).
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Kentucky
The time limit for an agency's response does not depend on the method by which the request was made, e.g., in writing, by telephone, or in person. Cf. Ky. Rev. Stat. 61.880(1). However, written requests are generally required in order to enforce the Open Records Act. See Ky. Rev. Stat. 61.872(2); 61.880(2).
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Maine
The Act does not address informal telephone inquiries. In general, public agencies typically will respond to informal telephone inquiries about the status of a request. A best practice is to make a record of such inquiries for use if needed later. Informal inquiries may be made by e-mail.
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Massachusetts
Not prohibited. To the contrary, a polite follow-up inquiry to ensure that the request was received and is understood is a good idea as a matter of practice. This is particularly so if you are seeking a response before lapse of the 10-day response period.
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Mississippi
Informal telephone inquiries concerning the status of the request may be made.
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New Hampshire
The Statute does not address this issue, but there is no reason not to do so.
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New Jersey
A written communication outlining the reasons that the requested records are accessible is advisable.
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New Mexico
There is no statutory or case law addressing this issue.
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New York
While there is nothing to preclude telephone inquiries as to the status of a request, a requester should not rely upon a telephone conversation in order to claim appeal from an agency denial. See Madonna v. Lankler, N.Y.L.J., Oct. 2, 1981 (Sup. Ct., New York Cty., 1981) (petition denied for failure to exhaust administrative remedies where petitioner attempted to rely upon phone conversation with appeals officer to establish that an appeal was taken).
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North Carolina
Public agencies are generally responsive to a request for a status report.
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North Dakota
The open records statute does not address an informal telephone inquiry as to status, but it is certainly not prohibited.
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Ohio
The statute does not address making inquiries, or even requests, by telephone. In practice, telephone inquiries are a good idea. See State ex rel. Consumer News Servs. Inc. v. Worthington City Bd. of Educ., 97 Ohio St. 3d 58, 776 N.E.2d 82 (2002) (considering voice mail messages left by requester in evaluation of government's response). Even requests by telephone will work with some public offices.
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Pennsylvania
The Law does not prohibit such an inquiry, but the agency is under no legal obligation to respond to the inquiry.
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Rhode Island
No specific provision.
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South Dakota
No provision.
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West Virginia
Unless the agency has clearly indicated its intention to refuse the request, however, one option is for the requester to make an informal telephone inquiry regarding the status of the request is advisable if the response is not received within the time limit. More importantly, if there is any chance that the requester may choose to seek judicial review if the agency fails to respond to her FOIA request, contacts with the custodian of records should be made in writing. The written follow-up request for a timely response can be attached as exhibits to a FOIA complaint filed in court.
If the initial request was oral or was made to someone other than the official "custodian" of the records, a formal written FOIA request letter must be sent to the custodian — including a reminder that you will seek reimbursement for attorneys' fees if the agency's failure to respond necessitates legal action.