APPENDIX:  PUBLIC RECORD LAWS

What they are

	State and federal laws have been enacted to guarantee citizen access to information held by the government, including environmental information.  These laws enable citizens to submit requests for records and information which may be denied by government sources, and to receive timely replies.  In N.C. state and local agencies must respond to citizen requests under N.C. General Statute 132.  At the federal level agencies are subject to the Freedom of Information Act (FOIA) (5 U.S.C. Section 552).  FOIA does not apply, however, to the Federal courts, Congress, or advisory entities within the Executive Office of the President.  Some records may also be exempt from disclosure for a specifically defined series of reasons (for example, trade secrets and those authorized by an Executive Order to be kept secret in the interest of national defense or foreign policy).

When to use them

	These laws are used to request information which exists but which is not readily available in official publications or from libraries.  The laws can also be used to obtain written proof that certain information does not exist (by requesting information you think may not exist and receiving a reply confirming that it does not).

How to use them

NOTE:  The following instructions pertain to the Freedom of Information Act but can be applied to N.C. General Statute 132. 

	First, find out which agency has the information you want.  To identify the correct agency visit a public and/or academic library, contact the office of your Congressional representative, or consult the Code of Federal Regulations (CFR), a periodical commonly found in libraries.  The CFR also contains addresses for federal agencies.

	Write a request letter to the Freedom of Information Office of the relevant agency pursuant to the FOIA (5 U.S.C. Section 552), making sure to write "Attention:  FOIA Unit..." on the envelope.  Within your letter be as specific as possible about the information you want, and ask that the agency respond to your letter within ten working days as required by law.  Include the date, your signature, address, and phone number in the letter, and keep a copy for your records. 

	Requests made for commercial purposes may be charged for the costs of searching, reviewing documents to determine whether to release them, and duplication.  Requests made for non-commercial purposes can only be charged for searching and duplication.  Requests made by an educational or scientific non-commercial institution or the news media can be charged only for duplication.  Agencies frequently waive all fees, at their discretion, if the request includes a statement explaining that the information is being requested on behalf of the public interest, will be available to others, and will be used for educational purposes.  Whether or not you ask to have the fees waived, state how much you are willing to pay for costs incurred by the agency.

For further information and assistance

	If, despite your correspondences you have trouble obtaining information, it may be necessary to submit appeal letters or to consult with an attorney or organization that offers assistance to citizens.  Also, the following publications provide further instructions on using the Freedom of Information Act (which may be applied to N.C. General Statute 132). 

Guidebook to the Freedom of Information and Privacy Acts.  Second edition.  Compiled and edited by Justin D. Franklin and Robert F. Bouchard.  New York:  Clark Boardman Co., 1986.  A substantial technical book which goes into much detail on the Acts and their use.

How to Use the Federal FOI Act.  An instructional booklet published by the FOI Service Center (800 18th St. NW, Ste. 300, Washington, D.C. 20006; (800)-F-FOI-AID).

Litigation Under the Federal Freedom of Information Act and Privacy Act.  Edited by Allan Robert Adler.  Published by the American Civil Liberties (ACLU) Union Foundation (22 Maryland Ave. NE, Washington, D.C. 20002; 202/544-1681).  Covers issues of judicial interpretation, trial strategy, statutory availability of attorney fees and use of FOIA as an adjunct to civil or criminal discovery.  Annually updated.

Using the FOIA:  A Step-By-Step Guide.  Published in 1990 by the ACLU Foundation (see above entry for address).  A 15-page instructional guide.  Not technical.

Using the FOIA:  A Step by Step Guide.  By Allan Adler and Ann.  1992.  Published by the ACLU Foundation (see above entry for address).  A very thorough and technical manual.