MuckRock
Modified handling of proxy requests
Traditionally, when we've had to use a volunteer to file a request with an agency that rejects out of state requesters, we've used the volunteer's name on the request and not mentioned the originally requester. The address included with the request is MuckRock's Massachusetts address, but we provide a local address when required or requested, as well as provide verification details such as license.
This process — using a local re-filer — is in line with the guidance of McBurney v. Young, which found that while citizenship requirements were constitutional, so were the use of local proxies in cases where a person was willing.
While this process has worked OK, we're running into increasing cases where agencies are confused or, worst case, feel deceived about the process. We also run into issues where the MuckRock user themselves might not notice the different name or might miss our notification about how the process works.
We are proposing a change to the system, so that requests filed with agencies that require an in-state volunteer are signed with both the proxy filer's name as well as with the original requester's name, along the lines of:
Sincerely, Jonathan Proxy, Tennessee resident and citizen Filing on behalf of Susan Q. Reporter
If you have questions or concerns, please reply to this message or call us at (617) 299-1832.
Depending on the level of pushback we expect to get, I think I'd add one line in along the lines of "Filing via proxy has been found to be legal, click here for more info" which links to a flatpage designed just for agencies which explains some of the background info above to them.
I'm sure this already a known problem, but I've had proxy requests get rejected when the agency knows that the request is a proxy request. They consider the request to be sent by me, rather than the proxy. Not sure about the legality of that, but it's a thing to consider.
It would be very nice if a request was very explicitly marked as proxy, though. I've accidentally responded to proxy requests thinking it was another state. Easy mistake to make when FOIA officers have a strange habit of responding with the wrong name.
I have also run into an issue where we have been asked for processing fees but the agency claims that my request is behind another proxy request. Since the other proxy has unpaid fees, the agency did not process my request. Not sure how to address that.
