FOIA Appeals Attorney in Buffalo, New York

The Freedom of Information Act (FOIA) grants the public the right to access information from federal agencies. When an agency denies your FOIA request, you have the right to appeal. However, this is no small feat. It requires an intimate understanding of agency protocols, legal precedents, and strategic thinking.  

Successful FOIA appeals often hinge on identifying specific legal errors or procedural missteps made by the agency in denying your request. You need to be well-versed in the exemptions that agencies may cite, such as national security or personal privacy, so you can effectively counter their arguments. You also need to provide detailed documentation and a compelling narrative to make a strong case for why the information should be released.  

When you need information from a government agency and hit a roadblock, that's where a FOIA appeals attorney steps in. At Michael Kuzma Attorney at Law, I can assist you with your denied FOIA request. I’m proudly serve clients throughout Buffalo, New York, and the surrounding suburbs. 

The FOIA Appeals Process

The process of appealing a denied FOIA request involves a series of well-defined steps: 

Initial Denial 

The agency must provide a reason for denying your initial FOIA request. These could include national security, personal privacy, and internal agency rules. Understanding the rationale behind the denial is the first step in crafting a successful appeal. A thorough review of the denial letter can often reveal weaknesses in the agency's justification. 

Filing the Appeal 

Once you receive a denial, you typically have 30 days to file an appeal. A legal expert can analyze the denial, gather supporting evidence, and craft a compelling appeal to counter the agency's reasoning. 

The appeal must include a detailed argument that addresses each of the agency's points and provides additional evidence or context to demonstrate why the information should be disclosed. 

Administrative Review

The agency will review your appeal internally, which can take several weeks to months. During this phase, the agency assesses the merits of your appeal against its initial decision. You must remain patient, as they need to closely examine your appeal and, sometimes, consult with other governmental departments.   

Litigation 

If the agency denies your appeal, the next step is to take the matter to court. Your attorney can help you present a strong case, using legal precedents and strategic arguments to fight for your right to access the information. This can be a lengthy and complicated process, but the right legal representation can help improve your chance of success. 

Mediation and Settlement 

Before escalating the matter to litigation, you have an opportunity for mediation and settlement. The Office of Government Information Services (OGIS) provides mediation services to resolve disputes between FOIA requesters and federal agencies.

During this stage, your attorney will work closely with OGIS to facilitate productive discussions and seek a mutually acceptable resolution. Successful mediation can save time, money, and resources while giving you the information you need. 

FOIA Laws in New York 

In New York, your right to access government records is governed by the Freedom of Information Law (FOIL). The FOIL applies to state and local government agencies, including municipalities, counties, and school districts.  

The FOIL allows you to request a wide range of records, from meeting minutes to financial reports. Similar to the FOIA, if your request under the FOIL is denied, you have the right to appeal and even take the matter to court if necessary. 

What Sets the FOIL Apart? 

The FOIL can help you appeal a denied request for government information through various benefits and services. These include:

• Scope: The FOIL covers all state and local agencies, making it broader in some respects than the federal FOIA. 

• Response time: Agencies must acknowledge receipt of a FOIL request within five business days and respond within 20 business days. If they need more time, they must provide a reason and a date by which they will respond. 

• Appeals process: If your FOIL request is denied, you have 30 days to file an appeal with the agency head. 

• Fees: Unlike the FOIA, which often permits agencies to charge substantial fees for fulfilling requests, the FOIL has reasonable copying fees and may reduce or waive charges for document searches and reviews. 

• Transparency requirements: The FOIL mandates that agencies maintain records in an easily accessible format and provide an index of the records they hold, promoting transparency and accountability. 

• Agency obligations: The FOIL stipulates that agencies proactively disclose certain records online, reducing the need for formal requests and ensuring that the public has ready access to frequently requested information.