Can I obtain UFO records through the Freedom of Information Act? Ask the Lawyer – Daily News

Q: We are looking for UFO records and have been directed to try the Freedom of Information Act. First question: Can you explain the Freedom of Information Act? How do we then proceed when requesting documents?

JV, Glendale

A: The Freedom of Information Act (abbreviated FOIA) gives you the right to request access to records of the executive branch of the United States government. The records shall be provided unless subject to certain exceptions, the purpose of which is to protect disclosures deemed harmful to: (a) national security, (b) the privacy of individuals, (c) proprietary business information ( e.g., trade secrets), (d) the actual functioning of our government, and/or (e) other interests deemed to be of significant importance. The exceptions are real, but FOIA requests are often productive.

The law dates back to 1967 and took many years to come into force. The goal is to make our government more transparent. When it comes to UFOs (which the government now refers to as “unidentified anomalous phenomena”), federal authorities have had to organize and label documents this year. Congress has expressed clear interest in finding out what authorities know about UFOs. Therefore, agencies must disclose their information by the end of this fiscal year. The records will also be kept at the National Archives and Records Administration.

Here is an overview of a FOIA request you may consider: Include the date you are sending the request on the letterhead. Then provide the name and address of the executive agency to which the request will be sent. then “RE: FOIA REQUEST”; followed by “Dear Sir or Madam, this is an authorized request to you under the Freedom of Information Act.” Please provide the signatory with the following documents in a timely manner. …” Here, clearly state the records you are seeking and, if possible, describe them by year(s), names of the party(s) involved, and/or the circumstances or events involved. Then complete the FOIA request with an opt-out.

Note that some agencies have instructions on where to send a FOIA request (you can search online or call to inquire). While it is not necessary for the FOIA request to be sent by certified mail or return receipt requested, this is one way to prove that you not only sent the FOIA request, but also received it. The agency is obliged to respond within 20 working days (excluding weekends and public holidays).

Q: There was a local incident that was initially well reported. An elderly person was run over by a hit-and-run driver. We believe they have now discovered the identity of the driver, who may be a local official, but there is radio silence. Our neighbor suggests we try a Public Records Act request. Can you give us some guidance on this?

MB, (location withheld)

A: The Public Records Act is found in Sections 6250 through 6277 of the California Government Code. The law gives you, as a member of the public, the right to request information from California government agencies, which include both state and local/municipal governments. In some cases, you may be able to find out where to send the request online or by telephone, depending on which agency the request is directed to (e.g., the police department, the highway patrol, the zoning commission, the district attorney’s office, or the District Attorney’s Office mayor). among other things). As with a FOIA request, be specific about what you’re looking for and who and where you want the documents sent to. The agency has 10 calendar days to respond to you, but may indicate that it needs more time to locate, review and submit the documentation (which may mean a 14-day extension in “unusual circumstances”).

As with a FOIA request, some records may be considered confidential or otherwise off-limits.

However, a Public Records Act request should not be costly or time-consuming. It is the law and compliance is expected to the fullest extent permissible and permitted. I can’t say that the request will reveal what you’re looking for, and that the paperwork you receive may have redactions (which the agency can justify), but as they say, “Nothing ventured, nothing gained.”

Ron Sokol has practiced law for over 40 years and has also served as a sitting judge, mediator and arbitrator on numerous occasions. It is important to remember that this column is a summary of the law and should not be considered legal advice, let alone a substitute for actual advice from a qualified professional.