RECLAIM THE RECORDS Brooke Schreier Ganz Founder, Reclaim The Records [email protected] Twitter: @ReclaimTheRecs https://www.ReclaimTheRecords.org/ Jewish Genealogical Society of Long Island Plainview, New York Sunday, December 18, 2016
provided under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license. ★Feel free to share this, tweet this, or photograph this! ...for non-commercial purposes, as long as you also give proper attribution, note if any changes were made, and make sure your version is distributed under the same license.
★Jewish genealogy, mostly Ukraine, Poland, and Moldova ★Former VP and current Board Member of 501(c)3 non-profit Gesher Galicia; built their website, All Galicia Database, and API ★Data donor to JewishGen, multiple data sets ★Town lead for Nadwórna (Nadvirna, Ukraine) for JRI-Poland ★Creator and Admin for three FamilyTreeDNA surname projects ★Built the bilingual All Israel Database for IGRA ★Won second place in RootsTech Developer Challenge in 2012 ★1.2 million free searchable records online with my software
New York ★Family from New York, by birth or immigration ★All eight great-grandparents lived and married in New York City ★...but I live in California ★...and the records I want are in New York ★...and practically nothing is online ★...and the organizations and agencies that hold the records are really difficult to deal with, not pro-active and not very responsive
word that you can successfully use Freedom of Information laws for genealogical and archival records! ★Crowdsource ideas from the public for new record sets to reclaim, using our Records Survey ★List our future targets publicly on our To-Do List ★Publish all requests and public correspondence with agencies in real-time through MuckRock ★Educational resource and advice portal for other people who want to make their own records requests ★Voice for change in records access, voice for the individual researchers instead of the for-profit companies
★ Sent out about once a month ★ Sign Up at https://www.ReclaimTheRecords.org/ ★Facebook page ★ ~3900 people follow our page ★ Updated about once every two to three weeks ★ Like Us at https://www.facebook.com/ReclaimTheRecords ★Twitter feed ★ ~700 people follow us ★ Updated every few days ★ Snarky running commentary on our cases, also retweet FOIA/FOIA news ★ Follow Us at @ReclaimTheRecs / https://twitter.com/ReclaimTheRecs
records already online, hundreds of thousands more in the next few months ★No copyrights. No restrictions, No paywalls. No logins. ★66 record sets identified and added to our To-Do List, so far ★We're filing to become a formal registered 501(c)3 non-profit ★Interested in helping us? [email protected]
Act (FOIA) and various state Freedom of Information laws (FOIL) ★How can you use these laws for genealogy and research? ★How we won public access to "inaccessible" records, and got offline and "onsite only" records put online ★Common (and uncommon) pitfalls ★Reclaim The Records
DISTANCE GENEALOGIST ★Every state has different laws about what CAN go online ★Every agency and archive has different policies about what WILL go online ★NY and NYC = not online, and no plans to go online ★Compare to other states, countries ★What can we do?
some data should be freely available to everyone to use and republish as they wish, without restrictions from copyright, patents or other mechanisms of control. The goals of the open data movement are similar to those of other "open" movements such as open source, open hardware, open content, and open access." ★ Wikipedia: https://en.wikipedia.org/wiki/Open_data
public copies ★ACQUISITION using FOIL or FOIA, as appropriate (and maybe using Open Data initiatives someday) ★DUPLICATION into better formats (microfilm --> digital image) ★PUBLICATION onto the Internet, raw data and tools for data ★TRANSCRIPTION of image records into a searchable database ★DONATION of the original records to a library or archive ★EDUCATION of how other people can do this too
the first place? Who has the records? Are they part of the government? Who is their parent agency? ★Is this agency subject to FOIA/FOIL? Which law applies, FOIA or a state-level FOIL / Sunshine Law? ★Are these records automatically withheld under FOIA / FOIL exemptions? (Example: educational records in Maryland) ★Are these records withheld by some other law? What do the state vital records laws say? (Example: death index in Pennsylvania) ★What groups and resources can help you with research and advice? What have other people done to acquire similar records?
Act. (Note the A!) ★This is for records held by FEDERAL agencies ★FBI, CIA, State Department, Justice Department, etc. ★The famous one, first signed into law July 4, 1966, amended several times. ★New changes just signed by President Obama.
the time, but don't realize it ★ SS-5 from the Social Security Administration ★ Naturalization papers through the USCIS genealogy portal ★ Some passport records
Law. (Note the L!) ★STATE law in New York, for STATE agencies and their records ★Every state has their own Freedom of Information law, and they have all kinds of names. Many are known as "Sunshine Laws" or "Open Records Laws": ★ California's law = California Public Records Act (CPRA) ★ New Jersey's law = Open Public Records Act (OPRA) ★ New Hampshire's law = Right to Know Law (RTK) ★ Texas' law = Public Information Act of Texas (TPIA) ★ Utah's law = Government Records Access and Management Act (GRAMA)
/ Sunshine Law request is FREE ★ If you need to appeal a denial, that is also FREE ★ A few states have ombudsmen or FOI panels, in lieu of going to court ★ If you need to go to court, and you win the release of your records, you MIGHT get your attorneys' fees paid (possible in 47 states, soon 48) ★ Usually only if the agency wrongly withheld records ★ And/or the agency failed to meet time limits ★ Five states REQUIRE your attorneys fees to be paid by state in that scenario: California, Colorado, Florida, Illinois, and New Jersey ★ In some states, sometimes there can also be punitive FINES against state officials who wrongly withhold records ★ Per incident, or per record, or per day
FOIL to an AGENCY ★An AGENCY is defined (in New York) as: "...any state or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function for the state or any one or more municipalities thereof..." ★ Most states have pretty similar definitions of an agency. ★ Every agency should have a FOIL OFFICER to whom you address the request. WHO CAN YOU FOIL?
and several other states): ★"...except the judiciary or the state legislature." ★They're not an AGENCY. ★That means no using FOIL for adoption files, court cases, divorce cases, name changes, naturalization files, etc. ★Workaround #1: Use different laws, not FOIL, to get stuff from the judiciary ★Workaround #2: If some relevant court files wound up in the possession of an AGENCY, you can often FOIL them directly from the agency. WHO CAN YOU NOT FOIL?
of the records you want ★Births and Deaths might be under the control of your state's Department of Health ★Might be extra/second copies of births and deaths (usually pre- dating statewide registration) kept in city or county archives, with the city or county clerk's office ★Marriages and Divorces might be under the control of your state's judiciary, court-by-court or county-by-county (or both), or a city or county clerk's office HOW DO YOU FOIL?
of the records you want ★Records kept in state archives and state libraries might be under the state's Department of Education ★City, town, and municipal archives might be under a Department of Records ★City Clerk's Offices are tricky: ★ Might hold judicial records, and in many states you can't use FOIL to get court stuff (but other laws might work). ★ Might hold other kinds of non-judicial records, like a city marriage index, or city burial permits, or cemetery records, and you should be able to get those. HOW DO YOU FOIL?
by state legislature or Federal law passed by Congress ★In most states: anything that infringes on the privacy of regular people who are not government employees ★In most states: crime victim information ★In some states: judicial records ★In some states: educational records ★In some states: legislative branch records ★In some states: governor's office records WHAT KINDS OF INFORMATION CAN YOU NOT FOIL?
access specific certificates ★Define family members or next-of-kin, sometimes in ridiculous ways ★States say WHEN a certificate is available to the public ★Model records: 100 / 75 / 50 ★States set a fee structure stating HOW MUCH each certificate costs. ★Could be $20/certificate rather than $0.10/page under FOIL GIMME MAH RECORDS
an index ★One exception in law we've found so far: Pennsylvania ★States generally don't say WHEN an index is public ★But they'll fight you over it ★States sometimes set a fee structure stating HOW MUCH it costs for a search of an index ★But this may be illegal GIMME MAH RECORDS
to merely VIEW or get a "genealogical" or "informational" copy of a vital record that is old and does not usually have any privacy restrictions? MAYBE. (will probably involve some legal work) GIMME MAH RECORDS
the name and contact information for their FOIL OFFICER. ★Search their website, or call them up and ask. ★Remember to use your state's specific term for its Freedom of Information law ★You can submit everything: ★through e-mail; ★or through postal mail; ★or through MuckRock.com (super-helpful!) HOW DO YOU FOIL?
HERE] and I am making a records request under [FOIA OR NAME OF YOUR STATE'S FOI LAW HERE]. ★ I am seeking records about [YOUR RECORDS REQUEST HERE]. ★ Try to be specific! Try to be helpful! Limit the dates! Cite laws or reasoning! ★ [IN SOME STATES: I am a private individual, not a for-profit company. These records will be made freely available to the general public.] ★ [IN VERY SMALL NUMBER OF STATES: I am a legal resident of this state.] ★ I would prefer to receive these records in [YOUR PREFERRED FORMAT HERE - COPIES, SCANS, MICROFILMS, DIGITAL PHOTOS, CSV DATABASE DUMP, ETC.]. ★ I am willing to pay for the copies of these records, up to [$XXX]. If this request might cost more, please contact me first to discuss the request. [IN SOME STATES, AND FOR FOIA: I am requesting a fee waiver, because...] HOW TO CRAFT A FOIA OR FOIL REQUEST
GANZ and I am making a records request under THE NEW YORK STATE FREEDOM OF INFORMATION LAW (1977 N.Y. Laws ch. 933). ★ I am seeking A COPY OF THE NEW YORK STATE DEATH INDEX, FROM JANUARY 1 1880 TO DECEMBER 31 1956. THIS INDEX IS ALREADY OPEN TO THE PUBLIC AT MANY NEW YORK STATE LIBRARIES, BUT ONLY TO PEOPLE ONSITE. THE 1957-1965 RECORDS ARE ALREADY ONLINE, SO WHY NOT RELEASE THE OLDER ONES TOO? ★ I am a private individual, not a for-profit company. These records will be made freely available to the general public. ★ [IN VERY SMALL NUMBER OF STATES: I am a legal resident of this state.] ★ I would prefer to receive these records IN CSV FILE OR OTHER DATABASE FORMAT, ALTHOUGH I WILL ACCEPT COPIES OF MICROFILMS/MICROFICHE IF THAT'S ALL YOU HAVE. ★ I am willing to pay for the copies of these records, up to $5000. If this request might cost more, please contact me first to discuss the request. [IN SOME STATES, AND FOR FOIA: I am requesting a fee waiver, because...] EXAMPLE OF A NEW YORK STATE FOIL REQUEST
help you with questions ★ Might be aimed more towards journalists than the public ★ New York has the utterly awesome Committee on Open Government (COOG) ★ Will write Advisory Opinions about your records request! ★ https://www.dos.ny.gov/coog/
JURISIDICTIONS: ★ All 50 states ★ ...plus Washington DC ★ ...plus 5 territories: Puerto Rico, Guam, US Virgin Islands, Northern Mariana Islands, and American Samoa ★ ...plus NEW YORK CITY ★ From a vital records standpoint, New York State and New York City are entirely separate entities, but both are still subject to New York State's Freedom of Information Law (FOIL)
years in NY), but also the INDEX of everyone who has gotten a divorce (not sealed?) Plus naturalizations, name changes, probate, etc. The actual vital records: ★ Birth certificates ★ Marriage certificates ★ Death certificates ...and the INDEX to them Has copies of the INDEX to 19th century and early 20th century births, marriages, and deaths available at several upstate libraries...but only on old microfiche NYS DEPT OF HEALTH NYS DEPT OF EDUCATION NYS COURT SYSTEM WHO'S GOT THE RECORDS: NYS Some have old vital records, some have an INDEX to old vital records, some have various other interesting files (naturalizations, burial permits, etc.) NYS TOWN CLERKS
years in NY), but also the INDEX of everyone who has gotten a divorce (not sealed?) Plus naturalizations, name changes, probate, etc. The actual vital records: ★ Birth certificates (post-1909) ★ Death certificates (post-1948) ...and the INDEX to them All the OLD, AWESOME stuff you could want. Mostly only available on microfilm onsite. Old B/M/D certificates ...and the INDEX to them NYC DEPT OF HEALTH NYC DEPT OF RECORDS & MUNICIPAL ARCHIVES NYS COURT SYSTEM WHO'S GOT THE RECORDS: NYC ★ Marriage records (post-1930) ★ Civil union / domestic partnership records ...and the INDEX to them NYC CITY CLERK
years in NY), but also the INDEX of everyone who has gotten a divorce (not sealed?) Plus naturalizations, name changes, probate, etc. The actual vital records: ★ Birth certificates (post-1909) ★ Death certificates (post-1948) ...and the INDEX to them All the OLD, AWESOME stuff you could want. Mostly only available on microfilm onsite. Old B/M/D certificates ...and the INDEX to them NYC DEPT OF HEALTH NYC DEPT OF RECORDS & MUNICIPAL ARCHIVES NYS COURT SYSTEM WHO'S GOT THE RECORDS: NYC ★ Marriage records (post-1930) ★ Civil union / domestic partnership records ...and the INDEX to them NYC CITY CLERK
(yet) ★Need well-established laws and procedures, like the state Freedom of Information laws. ★I will have to concentrate on states where there is/are: ★favorable case law for records requestors; ★favorable case law about genealogical types of records; ★free resources and help for records requestors; ★a way to apply for a fee waiver in case I win records; ★the potential ability to recoup my attorneys' fees
of effort ★I want to go after a TYPE of data that has already been ruled to be open ★I want to go after YEARS of data that are very old and not subject to potential privacy concerns. ★Smallest possible number of reasons for them not to comply with my request. ★I want to build on top of my wins to establish a history of FOIL being used successfully.
years in NY), but also the INDEX of everyone who has gotten a divorce (not sealed?) Plus naturalizations, name changes, probate, etc. The actual vital records: ★ Birth certificates (post-1909) ★ Death certificates (post-1948) ...and the INDEX to them All the OLD, AWESOME stuff you could want. Mostly only available on microfilm onsite. Old B/M/D certificates ...and the INDEX to them NYC DEPT OF HEALTH NYC DEPT OF RECORDS & MUNICIPAL ARCHIVES NYS COURT SYSTEM WHO'S GOT THE RECORDS: NYC ★ Marriage records (post-1930) ★ Civil union / domestic partnership records ...and the INDEX to them NYC CITY CLERK
the NYC City Clerk's Office, but 1908-1929 kept AT the NYC Municipal Archives ★Only on microfilm, never digitized, never transcribed ★Never been available outside the Municipal Archives building ★Dates are several weeks before the marriage happened (or sometimes didn't happen) ★Index to 450,000 marriages...or maybe 3 million, whatever NEW YORK CITY CLERK'S MARRIAGE INDEX, 1908-1929
through 1937 ★ These are TWO-PAGE documents with basic info on the couple, and the second page is basically just everyone's signatures ★ A "Brides Index" and a "Grooms Index" of these certificates were created in the 1930's, handwritten on index cards ★ Those cards were scanned by FamilySearch and are available on FamilySearch microfilms, as are the actual certificates ★ Volunteers at the non-profit genealogy group ItalianGen transcribed the Brides Index and Grooms Index cards into TWO searchable databases ★ These ItalianGen databases best searched using Steve Morse's website, but now also available through Ancestry.com RECORD TYPE #1: THE HEALTH DEPARTMENT CERTIFICATES
the present day! ★ These are THREE-PAGE documents, usually containing MORE information than the Health Department certificates. ★ These records are: 1. the AFFIDAVIT that the couple signed, swearing that they have the right and the ability to get married (of legal age! no bigamy! no STD's!); 2. the LICENSE APPLICATION and the LICENSE that the couple has now been officially granted, so that they can go get married a few weeks later; 3. the CERTIFICATE filled out by the clergyman on the day of the wedding, with witnesses, and sometimes witnesses' addresses; ★ THREE DIFFERENT SETS OF HANDWRITING! RECORD TYPE #2: THE CITY CLERK'S OFFICE RECORDS
the City Clerk's Office records have that the Health Department Certificates DO NOT have: ★ The bride’s occupation ★ The couple’s cities of birth (not just country of birth) ★ Their parents’ countries of birth ★ If either of the pair were ever widowed and if so, when their spouse died ★ If either of the pair ever were divorced and if so, when the divorce was finalized (and starting in late 1930's, lists the grounds for the divorce) ★ The home addresses of the witnesses RECORD TYPE #2: THE CITY CLERK'S OFFICE RECORDS
the City Clerk's Office records have that the Health Department Certificates DO NOT have: ★ Yes, women worked outside of the home. RECORD TYPE #2: THE CITY CLERK'S OFFICE RECORDS
the City Clerk's Office records have that the Health Department Certificates DO NOT have: ★ Addresses for the witnesses (started appearing on form circa 1924) RECORD TYPE #2: THE CITY CLERK'S OFFICE RECORDS
the City Clerk's Office records have that the Health Department Certificates DO NOT have: ★ (bottom of a 1932 license and application) RECORD TYPE #2: THE CITY CLERK'S OFFICE RECORDS
the City Clerk's Office records have that the Health Department Certificates DO NOT have: ★ (bottom of a 1937 license and application, new lines added) RECORD TYPE #2: THE CITY CLERK'S OFFICE RECORDS
the City Clerk's Office records have that the Health Department Certificates DO NOT have: ★10% more records! RECORD TYPE #2: THE CITY CLERK'S OFFICE RECORDS
These City Clerk's records are not even listed on the "Genealogy Collections" one-sheet that is handed out onsite at the Municipal Archives at 31 Chambers Street. ★ It's like these amazing, awesome, useful records...don't even exist. RECORD TYPE #2: THE CITY CLERK'S OFFICE RECORDS ★ photo credit: Bette Stoop Mas
records as Open Data on a disk. ★THEM: We only have really old stuff, on microfilm. ★ME: Oh. Okay, gimme the INDEX to your old records. Just the 1908-1929 City Clerk's office stuff, since that's never been available anywhere before. I will pay you fair costs.
records as Open Data on a disk. ★THEM: We only have really old stuff, on microfilm. ★ME: Oh. Okay, gimme the INDEX to your old records. Just the 1908-1929 City Clerk's office stuff, since that's never been available anywhere before. I will pay you fair costs. ★THEM: Okay!
records as Open Data on a disk. ★THEM: We only have really old stuff, on microfilm. ★ME: Oh. Okay, gimme the INDEX to your old records. Just the 1908-1929 City Clerk's office stuff, since that's never been available anywhere before. I will pay you fair costs. ★THEM: Okay! ★ME: Great! Do you take credit cards?
records as Open Data on a disk. ★THEM: We only have really old stuff, on microfilm. ★ME: Oh. Okay, gimme the INDEX to your old records. Just the 1908-1929 City Clerk's office stuff, since that's never been available anywhere before. I will pay you fair costs. ★THEM: Okay! ★ME: Great! Do you take credit cards? ★THEM: Wait, did we say okay? We meant NO.
records as Open Data on a disk. ★THEM: We only have really old stuff, on microfilm. ★ME: Oh. Okay, gimme the INDEX to your old records. Just the 1908-1929 City Clerk's office stuff, since that's never been available anywhere before. I will pay you fair costs. ★THEM: Okay! ★ME: Great! Do you take credit cards? ★THEM: Wait, did we say okay? We meant NO. ★ME: WTF. I am appealing this.
records as Open Data on a disk. ★THEM: We only have really old stuff, on microfilm. ★ME: Oh. Okay, gimme the INDEX to your old records. Just the 1908-1929 City Clerk's office stuff, since that's never been available anywhere before. I will pay you fair costs. ★THEM: Okay! ★ME: Great! Do you take credit cards? ★THEM: Wait, did we say okay? We meant NO. ★ME: WTF. I am appealing this. ★THEM: That's nice.
in NY and FL ★ When people register to vote, those records are public ★ Had to re-register every year, not just when you moved ★ "List of Registered Voters" published annually, like an index ★ Actual registration sheets, filled out by would-be voters ★ Includes naturalization court name and exact date! ★ Why 1924? ★ Let's FOIL them and get them online, so we can transcribe! VOTER LISTS AND REGISTRATION FORMS FOR MANHATTAN 1924
★Birth Index: 1901-1903 ★Marriages: Grooms Index 1901-1903, Brides Index 1901-1914 ★Death Index, 1901-1903 ★These were microfilm only and onsite access only, at the New Jersey State Archives in Trenton ★First 20th Century vital records from New Jersey! NEW JERSEY BIRTH, MARRIAGE, & DEATH INDEX, 1901-03/1914
years in NY), but also the INDEX of everyone who has gotten a divorce (not sealed?) Plus naturalizations, name changes, probate, etc. The actual vital records: ★ Birth certificates (post-1909) ★ Death certificates (post-1948) ...and the INDEX to them All the OLD, AWESOME stuff you could want. Mostly only available on microfilm onsite. Old B/M/D certificates ...and the INDEX to them NYC DEPT OF HEALTH NYC DEPT OF RECORDS & MUNICIPAL ARCHIVES NYS COURT SYSTEM WHO'S GOT THE RECORDS: NYC ★ Marriage records (post-1930) ★ Civil union / domestic partnership records ...and the INDEX to them NYC CITY CLERK
1930-1995 ★We sent a friendly "heads up" letter exactly one year ago yesterday ★We cited the law under which we thought we were entitled to the records.
years in NY), but also the INDEX of everyone who has gotten a divorce (not sealed?) Plus naturalizations, name changes, probate, etc. The actual vital records: ★ Birth certificates (post-1909) ★ Death certificates (post-1948) ...and the INDEX to them All the OLD, AWESOME stuff you could want. Mostly only available on microfilm onsite. Old B/M/D certificates ...and the INDEX to them NYC DEPT OF HEALTH NYC DEPT OF RECORDS & MUNICIPAL ARCHIVES NYS COURT SYSTEM WHO'S GOT THE RECORDS: NYC ★ Marriage records (post-1930) ★ Civil union / domestic partnership records ...and the INDEX to them NYC CITY CLERK
years in NY), but also the INDEX of everyone who has gotten a divorce (not sealed?) Plus naturalizations, name changes, probate, etc. The actual vital records: ★ Birth certificates ★ Marriage certificates ★ Death certificates ...and the INDEX to them Has copies of the INDEX to 19th century and early 20th century births, marriages, and deaths available at several upstate libraries...but only on old microfiche NYS DEPT OF HEALTH NYS DEPT OF EDUCATION NYS COURT SYSTEM WHO'S GOT THE RECORDS: NYS Some have old vital records, some have an INDEX to old vital records, some have various other interesting files (naturalizations, burial permits, etc.) NYS TOWN CLERKS
access to old EDUCATIONAL RECORDS under state FOI laws ★ May need to go school district by district ★ Records Retention Schedule = when can you throw it out? ★ NY Records Retention Schedule says all public school students' "permanent records" must be retained for at least 100 years. ★ Includes name, gender, birth date, address, probably basic family information, possibly ethnicity, all classes taken, all grades, diploma status, and info on any serious disciplinary matters. ★ School has own set of records attached to it, i.e. "All-School Census" that include info on students' families, school directories, attendance sheets, class assignments. ★ FERPA = Family Educational Rights and Privacy Act I HOPE YOU KNOW THAT THIS WILL GO DOWN ON YOUR PERMANENT RECORD
to the NYC Department of Education for the "permanent record" of an student who was born in 1897 and who attended school in Manhattan, probably graduating c.1915 ★Did not specify her school name ★Did not specify her address (gave neighborhood only) ★Did not specify that she is deceased ★Did not specify that I am related to her ★Let's find out what happens! I HOPE YOU KNOW THAT THIS WILL GO DOWN ON YOUR PERMANENT RECORD
to the NYC Department of Education for all school records relating to Straubenmuller Textile High School, located on the west side of Manhattan, for 1935-1948. ★We requested only 1935-1948, because that is before the records cut-off in 1949 when they supposedly switched to once- every-five-years for mandated records retention. ★We did not mention any students' names in our FOIL request. ★Hoping to get the All-School Census, the directories, the class assignments, the attendance records, and so on. ★Let's find out what happens! I HOPE YOU KNOW THAT THIS WILL GO DOWN ON YOUR PERMANENT RECORD
≠ The Records Fairy ★For-Profit Genealogy Companies ≠ The Records Fairy ★Large Non-Profit Genealogy Organizations ≠ The Records Fairy ★Small Non-Profit Genealogy Organizations ≠ The Records Fairy ★Sometimes, even individual genealogists ≠ The Records Fairy CLAP IF YOU BELIEVE IN FAIRIES
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