I've been involved in a series of FOIA requests with local and federal government entities. My best advice is to KISS them.
In any and every chosen case of FOIA aka Freedom of Information Act Communication: Keep it Simple, Stupid!
Plain language has long been an interest observed that clear, concise, and well-organized correspondence smoothes the FOIA process for all. After plain language was on our 2022 holiday wish list, we’re pleased that the Center for Plain Language included FOIA webpages in its 11th annual Report Card on how well agencies follow the 2010 Plain Writing Act.
The nonprofit group graded the “contact us” and main FOIA request pages for 21 agencies, including all 15 Cabinet-level departments.
As the Center for Plain Language notes in its key findings: “One-third of agencies saw an improvement in their overall writing grade […] On the FOIA request pages, the average writing grade was a C-, which represents a slight decrease from last year’s average writing grade of C+. […] Several judges noted agencies’ use of extraneous information and legal language on FOIA request pages. To fix this, agencies need to lay out a clear path for making a FOIA request, and cut out jargon and acronyms.”
The Center’s report complements OGIS’s recent issue assessment on Agency FOIA Websites, in which we reviewed FOIA websites for all 15 Cabinet-level departments and their components as well as six independent agencies. Our assessment did not assign grades to individual agencies but rather surveyed general strengths and weaknesses across the federal government with a focus on the presence or absence of 25 criteria that reflect OIP guidance and FOIA Advisory Committee best practices for FOIA websites.
Plain language maximizes the effectiveness of a FOIA program. Keys to keep in mind:
- Break down complex ideas into simple terms, use examples, and avoid legal jargon.
- Provide clear, step-by-step instructions so beginners can follow along and complete a request without having to seek clarification from the agency.
- Have patience because these requests take longer than you may expect.