DISTRICT OF COLUMBIA FREEDOM OF INFORMATION ACT (DC FOIA) REQUEST

Overview of the DC Freedom of Information Act

The District of Columbia Freedom of Information Act ("DC FOIA"), codified at D.C. Code §§ 2-531 through 2-540, establishes the right of any person to request and obtain access to public records maintained by District of Columbia government agencies and public bodies. DC FOIA is distinct from the federal Freedom of Information Act (5 U.S.C. § 552), which applies only to federal executive branch agencies. Because the District of Columbia is a unique federal district rather than a state, it maintains its own FOIA statute governing local government records.

Key Features of DC FOIA

• Any person may submit a request, regardless of residency or citizenship
• Broad definition of public records encompasses all information maintained by DC government bodies, including records created by private contractors performing public functions
• 15 business day response deadline (25 business days for body-worn camera footage)
• Extensions of up to 10 additional business days permitted for unusual circumstances
• Fee waiver provisions when disclosure serves the public interest
• Administrative appeal to the Mayor through the Mayor's Office of Legal Counsel
• Judicial review available in the Superior Court of the District of Columbia
• Attorney's fees recoverable by successful plaintiffs
• Criminal penalties for willful violations (misdemeanor, fine up to $100)

Section 1: Public Records Request Letter Template

[Date: [__/__/____]]

VIA [________________________________] (Email / U.S. Mail / Hand Delivery / Online Portal)

[________________________________]
FOIA Officer
[________________________________] (Agency Name)
[________________________________] (Street Address)
Washington, D.C. [____]
Email: [________________________________]

RE: Freedom of Information Act Request Pursuant to D.C. Code § 2-532

Dear FOIA Officer:

1.1 Requester Information

Name: [________________________________]
Organization (if applicable): [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Preferred Method of Communication: [________________________________]

1.2 Statutory Authority

Pursuant to the District of Columbia Freedom of Information Act, D.C. Code §§ 2-531 et seq., I hereby request access to and copies of the public records described below. Under D.C. Code § 2-532(a), any person has the right to inspect and copy public records of a public body, and the public body is required to make such records available during normal business hours or to provide copies upon request.

1.3 Description of Records Requested

I request access to and/or copies of the following records:

Category 1: [________________________________]
- Date range: [__/__/____] through [__/__/____]
- Custodial office or division: [________________________________]
- Specific document types: [________________________________]

Category 2: [________________________________]
- Date range: [__/__/____] through [__/__/____]
- Custodial office or division: [________________________________]
- Specific document types: [________________________________]

Category 3: [________________________________]
- Date range: [__/__/____] through [__/__/____]
- Custodial office or division: [________________________________]
- Specific document types: [________________________________]

(Add additional categories as needed.)

1.4 Preferred Format of Records

Pursuant to D.C. Code § 2-532(b), I request that records be provided in the following format:

☐ Electronic copies (PDF, Excel, or native digital format) delivered via email to the address above
☐ Electronic copies delivered via secure file transfer or download link
☐ Paper copies mailed to the address above
☐ Inspection of records at the agency's offices during regular business hours
☐ Other: [________________________________]

If any requested records are maintained in electronic format, I request that they be provided electronically, as this typically reduces both production time and reproduction costs.

1.5 Fee Waiver Request

I respectfully request a waiver or reduction of all fees associated with this request pursuant to D.C. Code § 2-532(b), which provides that "[d]ocuments may be furnished without charge or at a reduced charge where a public body determines that waiver or reduction of the fee is in the public interest because furnishing the information primarily benefits the general public."

This request qualifies for a fee waiver because:

☐ The records sought will contribute to public understanding of the operations and activities of government
☐ The information is not primarily in the requester's commercial interest
☐ Disclosure will benefit the general public by: [________________________________]
☐ The requester is a member of the news media
☐ The requester is affiliated with an educational or scientific institution seeking information for scholarly purposes
☐ Other public interest justification: [________________________________]

1.6 Fee Limitations

In the event that a fee waiver is not granted, I am willing to pay fees not exceeding $[____] without prior notification. If the estimated fees exceed this amount, please notify me before processing the request so that I may decide whether to narrow the scope of the request or authorize the additional expense.

Pursuant to D.C. Code § 2-532(b), fees may not exceed the actual cost of searching for, reviewing, and reproducing the records. I understand that advance payment may be required only if I have previously failed to pay fees or if estimated fees exceed $250.

1.7 Response Deadline

Under D.C. Code § 2-532(c), you are required to respond to this request within fifteen (15) business days (excluding Saturdays, Sundays, and legal public holidays) from the date of receipt. If this request involves body-worn camera recordings, the response deadline is twenty-five (25) business days under D.C. Code § 2-532(c-1).

If unusual circumstances require an extension, D.C. Code § 2-532(d) permits an additional ten (10) business days (or fifteen business days for body-worn camera recordings), provided you notify me in writing of the reasons for the extension.

1.8 Scope Narrowing

If this request is unclear or overly broad, I am willing to discuss and narrow the scope to facilitate timely processing. Please contact me at the telephone number or email address listed above before issuing a denial based on overbreadth.

1.9 Segregability

If any portion of the requested records is exempt from disclosure under D.C. Code § 2-534, I request that you redact only the exempt portions and release all reasonably segregable, non-exempt material, as required by D.C. Code § 2-534(b).

1.10 Denial Requirements

If any portion of this request is denied, D.C. Code § 2-533 requires that the denial be in writing and include:
- The specific exemption(s) relied upon under D.C. Code § 2-534
- A statement of the right to appeal to the Mayor within the prescribed timeframe
- Notification of the right to judicial review in the Superior Court of the District of Columbia

Thank you for your prompt attention to this request. Please do not hesitate to contact me if you have any questions or require clarification.

Respectfully submitted,

[________________________________]
Signature

[________________________________]
Printed Name

Date: [__/__/____]

Section 2: Records Description Guidance

2.1 General Principles for Effective Records Descriptions

When describing the records you seek, specificity improves the likelihood of a complete and timely response. The following guidelines will help you craft effective descriptions:

• Identify the subject matter clearly and concisely
• Specify date ranges to narrow the scope
• Name specific offices, divisions, or individuals if known
• Describe the type of record (emails, reports, contracts, memoranda, meeting minutes, etc.)
• Use keywords the agency would use in its own filing systems
• Reference known document titles or numbers when available

2.2 Sample Records Descriptions by Category

Law Enforcement Records:
"All records, reports, incident summaries, arrest records, and investigative files maintained by [Agency Name] relating to [subject/incident/case number] for the period [__/__/____] through [__/__/____], including but not limited to police reports, witness statements, evidence logs, body-worn camera footage indexes, and internal affairs investigation files."

Financial Records and Budgets:
"All budgetary documents, expenditure reports, purchase orders, invoices, payment records, grant applications, grant awards, and financial audit reports maintained by [Agency Name] for fiscal year(s) [____] through [____], including any supplemental appropriations and budget modification requests."

Personnel Records:
"All records relating to the hiring, employment, compensation, disciplinary actions, performance evaluations, and separation of [individual name or position title] within [Agency Name], for the period [__/__/____] through [__/__/____], to the extent such records are not exempt under D.C. Code § 2-534(a)(2)."

Environmental Records:
"All environmental impact assessments, air quality monitoring reports, water quality testing results, contamination investigation reports, remediation plans, and compliance inspection records maintained by [Agency Name] relating to [location/facility/project] for the period [__/__/____] through [__/__/____]."

Contracts and Procurement:
"All contracts, memoranda of understanding, requests for proposals (RFPs), vendor bids, task orders, amendments, and performance reports related to [project/vendor name/contract number] maintained by [Agency Name] for the period [__/__/____] through [__/__/____]."

Communications and Emails:
"All emails, text messages, instant messages, memoranda, and other written or electronic communications sent to or from [individual name/office/title] concerning [subject matter] for the period [__/__/____] through [__/__/____], including attachments thereto."

Meeting Minutes and Agendas:
"All meeting agendas, minutes, transcripts, audio or video recordings, and supporting materials for meetings of [board/commission/committee name] held between [__/__/____] and [__/__/____]."

Permits and Licenses:
"All applications, permits, licenses, inspection reports, certificates of occupancy, and enforcement actions related to [property address/business name/permit number] maintained by [Agency Name] for the period [__/__/____] through [__/__/____]."

Inspection Records:
"All inspection reports, compliance reviews, violation notices, citations, corrective action plans, and follow-up inspection records maintained by [Agency Name] related to [facility/entity/address] for the period [__/__/____] through [__/__/____]."

Section 3: Fee Provisions

3.1 Authorized Fees Under DC FOIA

D.C. Code § 2-532(b) authorizes public bodies to charge fees for searching, reviewing, and reproducing records, but such fees may not exceed the actual cost incurred. Fee schedules are further specified in 1 DCMR § 408.

3.2 Fee Categories by Requester Type

DC FOIA distinguishes among three categories of requesters for fee purposes:

3.3 Fee Waiver Criteria

Under D.C. Code § 2-532(b), fees shall be waived or reduced when a public body determines that the waiver or reduction is in the public interest because furnishing the information primarily benefits the general public. Factors considered include:

• Whether the request is likely to contribute significantly to public understanding of government operations
• Whether the requester has the ability and intention to disseminate the information broadly
• Whether the requester has a primarily commercial interest in the records
• Whether the public interest in disclosure outweighs any commercial interest

3.4 Advance Payment

Advance payment may be required only when:
- The requester has previously failed to pay FOIA fees within 30 calendar days
- The estimated fees exceed $250.00

3.5 Fee Dispute Resolution

If you believe the fees charged are excessive or unauthorized, you may:
1. Request an itemized breakdown of costs
2. Negotiate a reduced scope to lower fees
3. File an administrative appeal challenging the fee assessment
4. Seek judicial review in Superior Court

Section 4: Response Timeline

4.1 Standard Response Deadlines

D.C. Code § 2-532(c): The 15-day period begins on the date the request is actually received by the FOIA Officer, not the date of mailing.

4.2 Extension Provisions

Under D.C. Code § 2-532(d), an extension of up to 10 additional business days may be invoked for "unusual circumstances," defined as:

• The need to search for, collect, and examine a voluminous number of records
• The need for consultation with another public body or among two or more components of the same public body
• The unavailability of relevant technology vendors

The agency must provide written notice of the extension, specifying the unusual circumstances and the expected date of completion.

4.3 Constructive Denial

Failure to respond within the statutory timeframe (including any valid extension) constitutes a deemed denial under D.C. Code § 2-532(e), which entitles the requester to:
- File an immediate administrative appeal to the Mayor
- Seek judicial review in Superior Court after exhausting administrative remedies

4.4 Partial Responses

Agencies may make rolling or partial productions as records are located, reviewed, and prepared. Partial responses do not toll the statutory deadlines for the remaining records.

Section 5: Exemptions from Disclosure

5.1 Overview

D.C. Code § 2-534(a) enumerates fourteen (14) categories of information exempt from mandatory disclosure. These exemptions are to be narrowly construed, and the burden of establishing an exemption rests with the public body. Even when an exemption applies, the agency must release all reasonably segregable non-exempt portions of a record.

5.2 Complete List of Exemptions

(1) Trade Secrets and Commercial/Financial Information -- D.C. Code § 2-534(a)(1)
Trade secrets and commercial or financial information obtained from outside the government, to the extent that disclosure would result in substantial harm to the competitive position of the person from whom the information was obtained.

(2) Personal Privacy -- D.C. Code § 2-534(a)(2)
Information of a personal nature where public disclosure would constitute a clearly unwarranted invasion of personal privacy. Note: This exemption is broader than the federal FOIA privacy exemption, which is limited to "personnel, medical and similar files."

(2A) Body-Worn Camera Recordings -- D.C. Code § 2-534(a)(2A)
Body-worn camera recordings made inside a residence, or related to domestic violence, stalking, or sexual assault incidents, subject to specific statutory conditions.

(3) Law Enforcement Investigatory Records -- D.C. Code § 2-534(a)(3)
Investigatory materials compiled for law enforcement purposes, but only to the extent that disclosure would:
- (A) Interfere with enforcement proceedings
- (B) Deprive a person of a right to a fair trial or impartial adjudication
- (C) Constitute an unwarranted invasion of personal privacy
- (D) Disclose the identity of a confidential source
- (E) Disclose investigative techniques and procedures
- (F) Endanger the life or physical safety of law enforcement personnel

(4) Inter-Agency and Intra-Agency Memoranda -- D.C. Code § 2-534(a)(4)
Inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than a public body in litigation (deliberative process privilege, attorney-client privilege, attorney work product).

(5) Test Questions -- D.C. Code § 2-534(a)(5)
Test questions and answers for future licensing, employment, or academic examinations (but not previously administered examinations).

(6) Information Exempted by Other Statutes -- D.C. Code § 2-534(a)(6)
Information specifically exempted from disclosure by statute, provided the statute either requires withholding in nondiscretionary terms or establishes particular criteria for information to be withheld.

(7) National Defense and Foreign Policy -- D.C. Code § 2-534(a)(7)
Information specifically authorized by federal law to be kept secret in the interest of national defense or foreign policy, which is properly classified pursuant to applicable executive orders.

(8) Disclosure Prohibited by Court Order -- D.C. Code § 2-534(a)(8)
Information prohibited from disclosure by court order.

(9) Internal Rules and Practices -- D.C. Code § 2-534(a)(9)
Information related solely to the internal personnel rules and practices of an agency.

(10) Computer Security Information -- D.C. Code § 2-534(a)(10)
Vulnerability assessments, security measures, response plans, and information that relates to the security of critical infrastructure.

(11) Terrorism Prevention Plans -- D.C. Code § 2-534(a)(11)
Plans, programs, or procedures for preventing or responding to acts of terrorism.

(12) Educator Evaluations -- D.C. Code § 2-534(a)(12)
Individual educator performance evaluation data.

(13) Sealed Criminal Records -- D.C. Code § 2-534(a)(13)
Records sealed pursuant to the Criminal Record Sealing Act.

(14) Sentencing Commission Data -- D.C. Code § 2-534(a)(14)
Certain data maintained by the District of Columbia Sentencing Commission.

5.3 Segregability Requirement

Under D.C. Code § 2-534(b), any reasonably segregable portion of a record must be provided to the requester after deletion of the exempt portions. A blanket denial of an entire record is improper if non-exempt material can be separated.

Section 6: Appeal Procedures

6.1 Administrative Appeal to the Mayor

Authority: D.C. Code § 2-537(a)

Who May Appeal: Any person denied access to public records, or who receives no response within the statutory timeframe (constructive denial), may petition the Mayor for review.

Where to File:
Mayor's Office of Legal Counsel
Office of the Mayor
John A. Wilson Building
1350 Pennsylvania Avenue, NW
Washington, D.C. 20004

Deadline: The statute does not specify a deadline for filing an administrative appeal, but prompt filing is strongly recommended.

Decision Timeline: The Mayor must issue a written determination, with reasons, within 10 business days (excluding Saturdays, Sundays, and legal public holidays) of receiving the petition.

Content of Appeal: The petition should include:
- A copy of the original FOIA request
- The agency's response or denial letter (or statement of non-response)
- A clear statement of why the denial is improper
- The specific records still sought
- Supporting legal arguments

6.2 Direct Judicial Review (Council and Attorney General Records)

For records maintained by the Council of the District of Columbia or the Attorney General, requesters may bypass the Mayor's administrative review and proceed directly to Superior Court under D.C. Code § 2-537(a).

6.3 Judicial Review in Superior Court

Court: Superior Court of the District of Columbia

Standing: Any person who has exhausted administrative remedies (or who need not exhaust them under § 2-537(a)) may institute proceedings for injunctive or declaratory relief.

Standard of Review: De novo review. The court examines the matter independently, giving no deference to the agency's determination.

In Camera Review: The court may examine contested records in camera (privately) to determine whether exemptions are properly invoked.

Burden of Proof: The burden rests on the public body to sustain its decision to withhold records.

Remedies Available:
- Injunction against withholding records
- Order compelling production of improperly withheld records
- Award of reasonable attorney's fees and litigation costs to a prevailing plaintiff
- Declaratory judgment

6.4 Criminal Penalties

Willful violation of DC FOIA constitutes a misdemeanor punishable by a fine of up to $100.00 per violation under D.C. Code § 2-537(c).

Section 7: Administrative Appeal Letter Template

[Date: [__/__/____]]

VIA [________________________________] (Email / U.S. Mail / Hand Delivery)

Mayor's Office of Legal Counsel
Office of the Mayor
John A. Wilson Building
1350 Pennsylvania Avenue, NW
Washington, D.C. 20004

RE: Administrative Appeal of FOIA Denial -- Request to [________________________________] (Agency Name)
Original Request Date: [__/__/____]
Agency Response Date: [__/__/____] (or "No Response Received")
Agency FOIA Reference Number: [________________________________]

Dear Mayor's Office of Legal Counsel:

7.1 Introduction

Pursuant to D.C. Code § 2-537(a), I hereby appeal the denial of my Freedom of Information Act request submitted to [________________________________] (the "Agency") on [__/__/____]. The Agency issued its denial on [__/__/____], citing [________________________________] as the basis for withholding the requested records.

(If constructive denial:) Alternatively, the Agency failed to respond to my request within the fifteen (15) business day period mandated by D.C. Code § 2-532(c), and this non-response constitutes a constructive denial under D.C. Code § 2-532(e).

7.2 Background

On [__/__/____], I submitted a FOIA request to the Agency seeking the following records:

[________________________________]
[________________________________]
[________________________________]

A copy of the original request is attached as Exhibit A.

The Agency responded on [__/__/____] by [________________________________] (describe the response -- full denial, partial denial, fee assessment, etc.). A copy of the Agency's response is attached as Exhibit B.

7.3 Grounds for Appeal

The Agency's denial is improper for the following reasons:

A. The cited exemption does not apply:
[________________________________]

B. The Agency failed to demonstrate the exemption's applicability:
[________________________________]

C. The Agency failed to release reasonably segregable portions:
Under D.C. Code § 2-534(b), even if some portions of a record are exempt, the Agency is required to redact only those portions and release all reasonably segregable, non-exempt material. The Agency's blanket denial fails to comply with this requirement.

D. Additional grounds:
[________________________________]

7.4 Relief Requested

I respectfully request that the Mayor:

1. Reverse the Agency's denial in its entirety
2. Order the Agency to produce all responsive, non-exempt records within ten (10) business days
3. Direct the Agency to release all reasonably segregable portions of any partially exempt records
4. Waive or reduce any fees previously assessed

7.5 Attachments

☐ Exhibit A: Copy of Original FOIA Request
☐ Exhibit B: Copy of Agency Denial/Response
☐ Exhibit C: Supporting Documentation (if any)
☐ Exhibit D: Prior Correspondence (if any)

Respectfully submitted,

[________________________________]
Signature

[________________________________]
Printed Name

[________________________________]
Address

[________________________________]
Telephone / Email

Date: [__/__/____]

Section 8: Enforcement Mechanisms

8.1 Civil Enforcement

Under D.C. Code § 2-537(a), any person who has exhausted administrative remedies may bring an action in the Superior Court of the District of Columbia for:

• Injunctive relief -- ordering the public body to cease withholding records
• Declaratory relief -- declaring the records to be public and subject to disclosure
• Attorney's fees and costs -- recoverable by a plaintiff who substantially prevails

8.2 Criminal Penalties

D.C. Code § 2-537(c) provides that any public officer or employee who willfully and knowingly violates DC FOIA is guilty of a misdemeanor punishable by a fine of not more than $100.00.

8.3 Oversight and Reporting

Under D.C. Code § 2-538, the Mayor is required to provide oversight of disclosure activities across DC government agencies, including:
- Maintaining a centralized FOIA tracking system
- Publishing annual reports on FOIA compliance
- Monitoring agency response times and denial rates
- Providing training to FOIA officers

8.4 Office of Open Government

The Office of Open Government within the Board of Ethics and Government Accountability provides additional oversight, issues advisory opinions, and mediates FOIA disputes.

Section 9: Follow-Up Letter Template (Agency Missed Deadline)

[Date: [__/__/____]]

[________________________________]
FOIA Officer
[________________________________] (Agency Name)
[________________________________] (Street Address)
Washington, D.C. [____]

RE: Overdue Response to FOIA Request -- [________________________________]
Original Request Date: [__/__/____]
FOIA Reference Number: [________________________________]

Dear FOIA Officer:

I write to bring to your attention that the statutory response deadline for my Freedom of Information Act request has expired without a response from your office.

Timeline:
- Request submitted: [__/__/____]
- Date received by your office (if confirmed): [__/__/____]
- 15 business day deadline: [__/__/____]
- Days overdue as of this letter: [____] business days

Under D.C. Code § 2-532(c), your office was required to respond within fifteen (15) business days of receipt. Under D.C. Code § 2-532(e), your failure to respond within this timeframe constitutes a deemed denial, which entitles me to file an administrative appeal with the Mayor and, subsequently, to seek judicial review in the Superior Court of the District of Columbia.

I hereby request that you:

1. Provide an immediate status update on the processing of my request
2. Identify any specific impediments to completing the response
3. Provide a definite date by which you will produce responsive records or issue a formal response

If I do not receive a substantive response within five (5) business days of this letter, I intend to pursue all available remedies, including an administrative appeal to the Mayor's Office of Legal Counsel under D.C. Code § 2-537(a) and, if necessary, judicial review in the Superior Court for the District of Columbia.

Respectfully,

[________________________________]
Signature

[________________________________]
Printed Name

Date: [__/__/____]

Section 10: Detailed Fee Waiver Request Template

[Date: [__/__/____]]

[________________________________]
FOIA Officer
[________________________________] (Agency Name)
[________________________________] (Street Address)
Washington, D.C. [____]

RE: Fee Waiver Request for FOIA Request -- [________________________________]
FOIA Reference Number: [________________________________]

Dear FOIA Officer:

Pursuant to D.C. Code § 2-532(b), I hereby request a full waiver (or, in the alternative, a substantial reduction) of all fees associated with my Freedom of Information Act request dated [__/__/____].

10.1 Statutory Basis

D.C. Code § 2-532(b) provides that "[d]ocuments may be furnished without charge or at a reduced charge where a public body determines that waiver or reduction of the fee is in the public interest because furnishing the information primarily benefits the general public."

10.2 Public Interest Justification

A. Contribution to Public Understanding:
The requested records will significantly contribute to the public's understanding of [________________________________], specifically by revealing [________________________________]. This information concerns operations and activities of the District government that are matters of genuine public concern.

B. Capacity for Dissemination:
I have the ability and intent to disseminate the information to the public through [________________________________] (describe means: publication, website, community organization, news reporting, academic research, etc.). My prior dissemination activities include [________________________________].

C. Absence of Commercial Interest:
This request is not primarily for commercial purposes. I am seeking these records because [________________________________].

D. Public Interest Outweighs Any Commercial Interest:
Even if some incidental commercial benefit might arise, the public interest in disclosure of these records substantially outweighs any commercial interest because [________________________________].

10.3 Requester Category

I qualify for reduced fees as a:

☐ Representative of the news media (D.C. Code § 2-532(b) -- duplication costs only)
☐ Educational institution researcher (duplication costs only)
☐ Scientific institution researcher (duplication costs only)
☐ Non-commercial requester (search and duplication costs only; no review fees)
☐ Other: [________________________________]

10.4 Alternative Request

If a full fee waiver is denied, I request:
- A partial fee waiver reducing fees to the extent the public interest warrants
- An itemized breakdown of all estimated fees before processing proceeds
- Notification if estimated fees will exceed $[____] so I may narrow my request

Thank you for your consideration of this fee waiver request.

Respectfully submitted,

[________________________________]
Signature

[________________________________]
Printed Name

Date: [__/__/____]

Section 11: Documentation and Tracking Checklist

11.1 Pre-Submission Checklist

☐ Identified the correct public body/agency holding the records
☐ Identified the agency's designated FOIA Officer and contact information
☐ Described requested records with sufficient specificity
☐ Specified preferred format (electronic, paper, inspection)
☐ Included fee waiver request (if applicable)
☐ Set maximum fee authorization amount
☐ Included requester contact information
☐ Retained a complete copy of the request for personal records
☐ Noted submission date and method of delivery

11.2 Submission Tracking

☐ Request submitted on: [__/__/____]
☐ Method of submission: [________________________________]
☐ Confirmation of receipt obtained: ☐ Yes ☐ No
☐ Agency FOIA reference number: [________________________________]
☐ Agency FOIA Officer name: [________________________________]
☐ 15-business-day response deadline: [__/__/____]
☐ Maximum extended deadline (if invoked): [__/__/____]

11.3 Response Tracking

☐ Agency acknowledgment received: [__/__/____]
☐ Fee estimate received: $[____] on [__/__/____]
☐ Fee waiver decision received: ☐ Granted ☐ Denied ☐ Partial on [__/__/____]
☐ Extension notice received: ☐ Yes ☐ No -- Reason: [________________________________]
☐ Responsive records received: [__/__/____]
☐ Full production: ☐ Yes ☐ No
☐ Partial production: ☐ Yes -- Records withheld under exemption(s): [________________________________]
☐ Denial received: [__/__/____] -- Exemption(s) cited: [________________________________]

11.4 Appeal Tracking

☐ Administrative appeal filed with Mayor: [__/__/____]
☐ Mayor's decision received: [__/__/____]
☐ Mayor's decision outcome: ☐ Reversed ☐ Upheld ☐ Partial
☐ Judicial action filed in Superior Court: [__/__/____]
☐ Case number: [________________________________]
☐ Court hearing date: [__/__/____]
☐ Court decision received: [__/__/____]
☐ Attorney's fees petition filed: ☐ Yes ☐ No

11.5 Records Received Log

Section 12: Key Differences from Federal FOIA

12.1 Important Distinction: DC FOIA vs. Federal FOIA

Because the District of Columbia is a federal district and not a state, requesters must be careful to distinguish between:

• DC FOIA (D.C. Code §§ 2-531 et seq.) -- governs records of the DC local government (Mayor's office, DC Council, DC agencies, DC police, DC public schools, etc.)
• Federal FOIA (5 U.S.C. § 552) -- governs records of federal agencies headquartered in DC (e.g., Department of Justice, FBI, EPA, etc.)

A request for records from a federal agency located in Washington, DC, must be submitted under federal FOIA, not DC FOIA. Conversely, a request for records from the DC Metropolitan Police Department must be submitted under DC FOIA.

Section 13: District of Columbia-Specific Notes

13.1 Unique Characteristics of DC FOIA

• Not a State: DC FOIA applies to a unique jurisdiction that is neither a state nor a federal agency. This means DC FOIA covers only the District government, while federal agencies in DC are covered by federal FOIA.
• Private Contractor Coverage: D.C. Code § 2-532(a-1) expressly requires that records created by private contractors performing public functions be made available as if they were agency records.
• Body-Worn Camera Provisions: DC FOIA includes specific provisions (§ 2-534(a)(2A)) addressing body-worn camera recordings, with extended response timelines and unique exemptions for recordings made in residences or related to sensitive incidents.
• Office of Open Government: The Board of Ethics and Government Accountability houses an Office of Open Government that provides advisory opinions and mediates disputes.
• Online Portal: Many DC agencies accept FOIA requests through the FOIAXpress online portal at https://foia-dc.gov/App/Index.aspx.
• Broader Privacy Exemption: DC's privacy exemption (§ 2-534(a)(2)) covers all "information of a personal nature," which is broader than the federal FOIA's limitation to "personnel, medical, and similar files."
• Annual Reporting: D.C. Code § 2-538 requires annual reporting on FOIA compliance, including statistics on requests received, processed, denied, and appealed.

13.2 Common Pitfalls

• Submitting a DC FOIA request to a federal agency or vice versa
• Failing to direct the request to the correct FOIA Officer within the DC agency
• Not specifying the format of records desired (electronic vs. paper)
• Failing to set a fee cap, resulting in unexpected charges
• Missing the distinction between "confidential" (mandatory withholding) and "exempt" (discretionary withholding) records

13.3 Useful Resources

• DC FOIA Portal: https://foia-dc.gov/
• Open DC: https://www.open-dc.gov/freedom-information-act
• DC Code (Full Text): https://code.dccouncil.gov/us/dc/council/code/titles/2/chapters/5/subchapters/II
• Office of Open Government: https://bega.dc.gov/office-open-government

Section 14: Sources and References

1. D.C. Code § 2-531 -- Public Policy Declaration. Available at: https://code.dccouncil.gov/us/dc/council/code/sections/2-531
2. D.C. Code § 2-532 -- Right of Access to Public Records; Allowable Costs; Time Limits. Available at: https://code.dccouncil.gov/us/dc/council/code/sections/2-532
3. D.C. Code § 2-533 -- Letters of Denial. Available at: https://code.dccouncil.gov/us/dc/council/code/sections/2-533
4. D.C. Code § 2-534 -- Exemptions from Disclosure. Available at: https://code.dccouncil.gov/us/dc/council/code/sections/2-534
5. D.C. Code § 2-536 -- Information Which Must Be Made Public. Available at: https://code.dccouncil.gov/us/dc/council/code/sections/2-536
6. D.C. Code § 2-537 -- Administrative Appeals. Available at: https://code.dccouncil.gov/us/dc/council/code/sections/2-537
7. D.C. Code § 2-538 -- Oversight of Disclosure Activities. Available at: https://code.dccouncil.gov/us/dc/council/code/sections/2-538
8. 1 DCMR § 408 -- Fee Schedules for FOIA Requests
9. DC Government FOIA Page: https://dc.gov/page/freedom-information-act-foia
10. Open DC -- Freedom of Information Act: https://www.open-dc.gov/freedom-information-act
11. NFOIC -- District of Columbia Open Government Laws: https://www.nfoic.org/district-columbia-foia-laws/
12. Reporters Committee for Freedom of the Press -- DC Open Government Guide: https://www.rcfp.org/open-government-guide/district-of-columbia/
13. Federal FOIA (for comparison): 5 U.S.C. § 552. Available at: https://www.justice.gov/oip/freedom-information-act-5-usc-552

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for consultation with a qualified attorney. Laws and regulations are subject to change; all statutory citations should be verified before use. Last updated: 2026-02-24.