Executive Summary
The Office of Government Information Services (OGIS) serves-in the words of Congress-as the nation's Freedom of Information Act (FOIA) ombudsman. The mission is simple:
Improving the FOIA process and resolving disputes between Federal agencies and FOIA requesters.
The mission dovetails with that of OGIS's parent agency, the National Archives and Records Administration (NARA), which states, in part:
We ensure continuing access to the essential documentation of the rights of American citizens and the actions of their Government.
In OGIS's first year as FOIA ombudsman, the Office worked to fulfill its mission by helping FOIA requesters and agencies with everything from filing requests and appeals to dealing with difficult requesters to resolving disputes. OGIS handled 391 cases, the majority of which did not rise to the level of a dispute. Of the 83 cases involving disputes between FOIA requesters and 24 departments and agencies, OGIS resolved a majority-more than four out of five cases ended with the requester and the agency reaching an agreement. But for OGIS, most of these customers would not have received help.
OGIS also teamed with existing agency Alternative Dispute Resolution programs to launch targeted training for agencies interested in applying mediation techniques to FOIA disputes. Many agencies embraced this creative approach, and more training is planned. Collaboration with Federal agencies also focused on identifying and solving FOIA's shortcomings, while collaboration with nongovernmental organizations offered the Office another perspective into its work.
OGIS's first-year caseload allowed the Office to observe effective and efficient FOIA programs, as well as programs that would benefit greatly from improved customer service. The Office's list of best practices offers commonsense recommendations for improving communications between agencies and requesters, an approach that could help prevent many disputes.
This first year, OGIS wrestled with how to fulfill its mandate to review agency FOIA policies, procedures, and compliance in order to recommend policy changes to Congress and the President. The Office, meanwhile, is working to implement a comprehensive review plan.
OGIS remains a nascent program with much work left to do. In its second year, OGIS is working toward advancing its mission and the goals of the Obama administration's Open Government Initiative by establishing a comprehensive process for reviewing agency FOIA policies and procedures, better educating FOIA requesters, establishing a permanent case management system, developing a fully operational mediation program, and regularly offering for agency FOIA professionals.
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