FOIA for Local Impact: Unlocking Public Records in Your Community
- Elizabeth Clemons
- Sep 9
- 5 min read
Updated: Sep 9
Tip Sheet
This tip sheet is connected to workshop 4 of our fall candidate backgrounding series. It is best used in conjunction with the workshop recording, available here.
Created by MuckRock.
What’s different at the local level?
FOIA roadblock strategies:
ask for clarification
get someone on the phone
get it in writing
talk with outside experts
do your research and think about how the documents are stored
ask again
go up the ladder
appeal
FOIA roadblock strategies in practice:
Responded and asked questions in the email thread (ask for clarification + get it in writing)
Made two calls to the agency hotline (get someone on the phone)
Had one conversation with an attorney from Reporters Committee Legal Hotline (talk with outside experts)
Did some research on Systems of Record Notices (SORN) (do your research and think about how the documents are stored)
Emailed with FOIA outreach custodian (ask for clarification)
Called two historians
Reached out to the The Office of Government Information Services (OGIS), which is at the Archives
Finally… appealed
What can you get at the local level?
The basics
The FOIA Log from your governor, state senate or house of representatives
Calendars
Offer a window into officials work, priorities and close allies
Detailed calendars show who the official is meeting, and sometimes, what is discussed
Beware of the “public calendar,” that is proactively released but may not be the actual, full calendar that you would be looking for in a request
For example, PA’s governor Josh Shapiro publishes his “public schedule” but this schedule falls short of a full calendar and the detail provided from the previous governor of PA
Good quote on use of calendars: -“Constituents can see trends in terms of the kinds of organizations the governor is meeting with,” Blutstein said. “Who has access? Who has the governor’s ear? How often is the governor meeting with his staff in order to discuss issues one, two, and three?”
Requests for Shapiro’s calendar were rejected as “personal notes and working papers,” an exemption of PA’s RTK law that has been used in calendar requests before
Examples of requests for Florida Gov. Ron DeSantis’ calendar and Santis’ Press Secretary Christina Pushaw
Gifts
Officials in state government must fill out annual reports that disclose their sources of income, creditors, and business interests, as well as any gifts, hospitality, or other perks they accepted
Dates and specifics may vary by state: In Pennsylvania, elected officials including the governor, state legislators, and row officers file annual statements of financial interest with the state Ethics Commission by May 1.
Gift policies can change from administration to administration, with some officials accepting many and others enacting a not-even-a-bottle-of-water policy
Beware of in-kind contributions that actually look like gifts, but aren’t reported as such
Like PA governor Josh Shapiro, who accepted $1,650 worth of “event tickets and catering” from a powerful lobbyist last year, which his campaign insists was a political contribution and not a gift… while technically his office had a policy that employees were not allowed to accept tickets to recreational events from lobbyists
In PA, gifts are reported in a Statement of Financial Interest that State Ethics Commission also makes public
In CA, these are called Statements of Economic Interest or Form 700
Check out the awesome work of CalMatters reporters who are taking these forms and turning them into structured data for stories like "How California legislators got more than $1.4 million in travel and gifts in 2023"
Can also be requested outside of annual forms, where they’re more likely to be maintained for offices like mayor and governor. For example, a request for the database of all things gifted to Los Angeles Mayor Karen Bass
Don’t stop at the legislature, check to see what your judicial government requires in reporting. ProPublica has exposed the importance of this at the federal level
Travel
Usually found in the same forms that gifts are reported in and are often defended as educational, but can look like lobbying and lead to bills
Contracts
Programs and initiatives that are spun out of bills often require contracting with different organizations or businesses
Getting your hands on the contracts helps you answer whether the program is function how the state intended
Don’t forget to question how the contract came to be. Was there a request for proposals (RFP)? Was there a no-bid contract?
You can find contracts in offices of comptrollers, treasurers and legislative clerks. Inside the contract, you’re looking for the terms of the deal, the scope of work, amounts of payment and exemptions from bidding requirements
There may even be a database of contracts in County Clerk’s Office or “Purchasing Department”
It may turn out that when you start looking at the contract and what’s been done of the scope of work, a local authority can’t say how it spent some $5.4 million in taxpayer money intended to rebuild a neighborhood. Or you may find how much your city is investing in “smart city” technology
Lobbying and campaign finance
The very, very basics
Like Statements of Financial Interests that officials have to disclose once a year, lobbyist disclosures are reported annually and describe how a “lobbyist sought to influence, how money much they spent and whom they entertained along the way”
Usually available from your state agency that oversees campaign finance. Usually this is a division of the Secretary of State or the Ethics Administration
Some questions you can answer: Who is paying a lot? What are they lobbying on? Positions on bills? Are they spending in addition to paying lobbyists? Who is being influenced?
In PA, state level disclosures are available through an open database and most states should have something similar. At local level, these are likely filed with the county clerk
BUT much of it comes in the way of handwritten forms that are hard to decipher, duplicate records, spelling errors, headaches in figuring out how amended reports relate to the originals and missing pieces of information even though it's required
Check out this DIY campaign finance and lobbying research guide
Detroit Free Press’ Eye on Michigan team recently published an investigation that outlines the holes in Michigan’s lobbying data and the effects it has on transparency in state government
Voter lists
Did your candidate actually vote in their own district recently?
Since the Help America Vote Act of 2002, all states are required to maintain a computerized statewide voter file
However, states have varied requirements on who is eligible to request a list of voters, what information the list contains and how much it costs to receive
The National Conference of State Legislatures provides a solid overview of what to expect in each state and so does the Election Assistance Commission
Other research efforts have tried to document data sharing practices across the country
🚨 These Tip Sheets are incredible resources, best used in conjunction with their live, hands-on workshop session component. Watch the recording here.
Questions or comments about Sunlight's workshops and resources? Contact Elizabeth at elizabeth@sunlightresearch.net.