Old technology on the City of Peoria Website

June 24, 2009
By Billy Dennis

There’s a form on this Website that lets people send me information from their computers without using email. It’s called a contact form. I didn’t cost me a dime, and I think it took 10 minutes to configure.

You would think the City of Peoria Website would have something similar that let people make requests for information under the Freedom of Information Act without having to:

  1. Download an Adobe .pdf. file.
  2. Print the page
  3. Fill it out.
  4. Put in in an envelope and put a stamp on it.
  5. Mail it.

But then, they might get more FOIA requests.

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12 Responses to “ Old technology on the City of Peoria Website ”

  1. 11Bravo on June 24, 2009 at 9:51 am

    I don’t think you really thought this post through. They need a paper copy on file, with signatures, for legal reasons Billy. A website form wouldn’t do them any good.

    • Billy Dennis on June 24, 2009 at 11:03 am

      If they need a paper trail, they can print out a hard copy for their records. Accepting FOIA requests via an online form would simplify matters for constituents.

  2. 11Bravo on June 24, 2009 at 1:43 pm

    You cant print out a hard copy with a signature, most people dont keep a digital copy of their signature on their computer to include. It wouldn’t work. The signature is the most important part of the document.

  3. Mahkno on June 24, 2009 at 2:02 pm

    Electronic versions are simply not authentic enough.

  4. C. J. Summers on June 24, 2009 at 4:41 pm

    The Freedom of Information Act does not stipulate that a signature be required in order to access information. You’re not signing a contract or getting permission to see these records. This is, by definition, information that is public information available to any person who requests it. I can’t think of any reason the city would have to have a copy of the person’s signature in order to fulfill a FOIA request. I believe the city could, at its discretion, decide to accept web or e-mail forms sans signatures, as long as they had the sufficient information (name, address, etc.) to track the request (i.e., make sure it’s filled on time, keep track of any denials/appeals, etc.).

  5. Tom Bride on June 24, 2009 at 7:53 pm

    I have accepted FOIA requests that were sent by email, including from two attorneys. There is no signature requirement that I know of for a FOIA.

  6. 11bravo on June 24, 2009 at 8:08 pm

    This is from the Department of Justice:

    “It is neither unreasonable nor in conflict with the spirit of FOIA for an agency to require that a request be made in writing. This does not place an undue burden on the requester, and it reduces confusion as to exactly what records are being sought.

    Of course, agencies are free to process oral requests for access to records, and this is sometimes done informally for newsmen and others. In a similar vein, requests for clearly available material, e.g., publications, which can readily be granted should be handled without excessive emphasis on technical requirements, particularly where this saves time and money for the requester and the agency.”

    I am sure that requiring a signature reduces the liability to the particular agency.

  7. Billy Dennis on June 24, 2009 at 8:15 pm

    Ummmm … a request submitted on line using words that appear on the screen via a keyboard IS a request submitted in writing. And there is NO statutory requirement for a signature.

  8. diane on June 24, 2009 at 8:45 pm

    How can they have liability for a FOIA request? The information is either publicly available (FOIA-able) or it isn’t. What harm would come to them if they inadvertantly provided public information to someone who didn’t request it?

  9. M Cooper on June 24, 2009 at 9:06 pm

    http://www.usdoj.gov/oip/referenceguidemay99.htm#how

    In order to protect your privacy as well as the privacy of others, whenever you request information about yourself you will be asked to provide either a notarized statement or a statement signed under penalty of perjury stating that you are the person that you say you are. You may fulfill this requirement by: (1) completing and signing Form DOJ-361 (see Attachment E), (2) having your signature on your request letter witnessed by a notary, or (3) including the following statement immediately above the signature on your request letter: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].” If you request information about yourself and do not follow one of these procedures, your request cannot be processed. This requirement helps to ensure that private information about you will not be disclosed to anyone else.

  10. 11bravo on June 24, 2009 at 9:51 pm

    No, they CAN be liable for not producing the information in a timely matter. Did you look at the form? It has a signature line and date for a request and a signature line and date for receipt of info.

  11. Tom Bride on June 25, 2009 at 9:03 am

    M Cooper
    You are talking about information that will be released only to the person about themselves for which the Dept. of Justice requires a signature. This is not the typical FOIA request.