Presidential libraries have developed into an invaluable resource since President Franklin Roosevelt began the Presidential Library system in 1939 by donating his personal and Presidential papers to the Federal Government.  The 14 presidential libraries are maintained with public funds and the public is allowed access to these records under the Freedom of Information Act.  For researchers, the most immediately useful aspect of Presidential libraries are that they contain files created by and about employees of past administrations.  Our new blog includes tips on accessing and searching the Presidential library archives.

Federal Court records are organized and made available through the PACER (Public Access to Court Records) system, which requires users to sign up for an account and charges ten-cents-per-page for electronic access to records.  The federal courts are allowed to charge for this access under the E-Government Act that permits courts to recoup costs “only to the extent necessary” to pay for “services rendered.”  PACER has been accused of charging higher than necessary fees in a class action lawsuit filed by the National Veterans Legal Services Program, the National Consumers Law Center, and the Alliance for Justice. The case could lead to refunds for PACER users and changes in the way users are charged for PACER access.

The controversy around Virginia Governor Ralph Northam’s appearance in a racist photo published in his medical school yearbook has prompted a series of articles urging backgrounding on executive level hires and celebrities. The professionals quoted in these articles offer general advice to “be prepared,” but don’t specify the exact level of diligence that should be exercised by a company hiring a new CEO or looking for a new celebrity partner. We explore the answer - it varies depending on context - in our new blog, which also includes questions to help guide the process.

A California State Assemblyman is slated to propose a measure that would require the state to employ a public records ombudsman, who would be responsible for reviewing denials under the California Public Records Act (CPRA).  As currently drafted, the CPRA provides a court challenge option for records denials, but leaves the decision on whether a requested record should be released up to the agency.  A model for how this could work is available at the federal level where requestors have the right to administratively appeal agency denials.  The measure being considered in California is slightly different than the federal process as, on the federal level, the agency that issued the denial handles the appeal (albeit at a higher level internally than the department that issued the first denial), while the California law under consideration would create a new government position empowered to review denials government-wide. 

When drafting public records requests, it is a good idea to get a log of what has already been requested from the agency you are querying.  FOIA logs show what has been asked for by prior recipients and provide insight on how best to request it.  Furthermore, researchers can get an actual copy of the FOIA request and the materials released in response, which is known as FOIA “tailgating." Another variation on this is known as a "FOIA trap," which is a standing request with an agency to be copied on requests and attachments fitting a certain description or received from a certain party. 

A trial in Louisiana district court has the potential to shape the way public records law is interpreted in the state.  On one side of the fight is Louisiana Attorney General Jeff Landry.  On the other, an Indianapolis-based public records researcher named Scarlett Martin.  At the heart of the dispute is whether Martin was entitled to sue Landry’s office for failure to comply with the Louisiana Public Records Law.  Landry’s office has asserted that Martin is not entitled to file suit because she isn’t from Louisiana.  Martin’s counsel contends that there is no such carve out specified in the law.

High profile social media gaffes surrounding Facebook and Twitter posts have led to increased diligence about sharing on those platforms.  However, users consistently and unwittingly reveal personal details on less publicized social media platforms that could prove to be just as troubling.  In an age of increased sharing, it is good practice for individuals to exercise discretion and always check their privacy settings.  From the researcher’s perspective, be aware that the public records playing field is constantly expanding.

The “Search Angels” used public records to bring a little peace of mind to many people searching for friends and loved ones in the aftermath of California’s devastating Camp Fire. The volunteers, which organized themselves through the Facebook Search Squad group, used their research skills to comb through social media posts, property, marriage and other public records to help friends and family find the displaced.

The importance of comprehensive, nationwide court searches when conducting due diligence research was underscored in a fascinating four-part series by Bloomberg News chronicling the increased use of “confessions of judgment” – an obscure legal filing used by merchant cash advance companies to force borrowers into payment without a court hearing.