Using public records

Using public records

What are public records and archival data?

Public records

Public records are any records of a public body that are open to citizens by law. In the U.S., these include most records of branches and agencies of government at the federal, state, and local levels. Some exceptions are:
•Records that relate to national security. These are the classified documents that the government may refuse to produce in court cases or for Congressional hearings. They might embrace such topics as military plans and diplomatic strategy.
•Records whose contents, if made public, could invade the privacy of an individual who has broken no laws (personnel files, for instance, or income tax records).
•Police and other records that relate to the investigation of a yet-unsolved crime.

In addition, records not covered by open information laws need not be accessible to the public. The specifics of these laws vary somewhat from state to state. The Freedom of Information Act (see box below) covers the Administration, but not Congress, so that body has a great deal of discretion in what it chooses to make public.

Government agencies and departments sometimes resist supplying records that are, in fact, legally available to the public. The Freedom of Information Act (FOIA), which covers the federal Executive branch of government (i.e., the President, his cabinet, and federal agencies that fall under cabinet departments), makes it possible to obtain these records (although it may take a long time). In addition to the federal statute, most states also have laws modeled on FOIA. See the Resources portion of this section for links to the text of FOIA and state equivalents.

Each level of government, and each state, may have different regulations about what kinds of reports have to be filed, and about whether and how those reports are made public. All individuals and corporations, however, are subject to the federal regulations that apply to them.

Records may be legally available, but that doesn’t mean they have to be free. Many government bodies at all levels charge fees for granting access to records, or charge for supplying copies. In some cases, the law actually specifies that they must charge fees in order to recover the cost of printing and sending the documents or of digitizing them so they can be available on line. Fees are generally reasonable, and allow most citizens to see the records they wish to.

Archives and archival data

Archives and archival data may or may not have started out as public records. Most public records are kept only for a certain period of time in print form: their volume is so great that storing paper copies of all records indefinitely would soon crowd people out of their offices. Historically, they have been converted to microfilm or microfiche, which require special magnifying readers. Storing them electronically, as computer files, means that someone has to type or scan them into a computer, unless they were created as electronic files to begin with (only common starting in the 1990’s). Older records of current agencies and organizations, therefore, and records that go back far enough to be thought of as historical documents, are often stored in a formal or informal archive.

An archive is a storehouse – actual and/or electronic – of records, papers, reports, photographs, audio-visual data (audio recordings, film, etc.), and/or other materials that have been kept in order to preserve the history of the body or place they relate to. Some archives contain only the most historically significant materials, or only those that have been intentionally or accidentally preserved; others may contain virtually everything the entity has ever produced or received.

Most countries have national archives that preserve the documents and other material that detail their history. Some of these materials are famous for their crucial roles in that history. The U.S. National Archives, for instance, displays original copies of the Declaration of Independence and the Constitution. The U.K. National Archives has a more-than-900-year-old original copy of the Domesday Book, a combined census and record of landholdings and other property for everyone in England, commissioned by William the Conqueror for tax purposes in 1086.

In the U.S. and numerous other countries, states and many counties and municipalities also keep archives – some going back hundreds of years – often found in libraries or local public museums,. In addition, there are publicly accessible archives kept by non-public institutions such as newspapers, local historical societies, and religious organizations. (Perhaps the largest collection of genealogical records anywhere, for instance, is kept by the Mormon Church.)

As with any other information, the fact that something is a public record doesn’t guarantee that it’s accurate. There may be gaps in information, or some parts of records may be impossible to read or decipher. It may have been recorded incorrectly, transcribed wrong, or even falsified for some reason, although that’s far less likely. Be aware that mistakes can exist, although they’re apt to be few.

Why use public records or archival data?

There are a number of reasons to use this material, some obvious, some less so.

1. They’re relatively easy for most people to gain access to. Many public records and archived materials can be read on line, and most others can be found and copies ordered, at a reasonable cost, from the agencies or institutions that hold them. Most of this information can also be found in libraries, or at the agencies or institutions that collect it.

The information you’re most likely to want is from state and local sources. State and local government agencies are used to research requests, and have systems set up to help you find or order what you need. Except in large states, where the distance to the capital may present a barrier, most people can visit the agency that holds the material they’re looking for.

The National Archives are another matter. Much of their material is not on line at present, and you may have to visit either the National Archives building in Washington, DC, or one of the branches – San Francisco and Laguna Niguel, CA; Denver, CO; Kansas City, MO; Ft. Worth, TX; Chicago, IL; Atlanta, GA; Philadelphia, PA; or Pittsfield and Waltham, MA – to find what you need. Obviously, that may only be worth it if the information is absolutely crucial for your assessment.

2. They can give you information about the history or status of the community that it would be difficult to get elsewhere. Hard numbers about income or housing stock or demographics, oral histories, immigration information, who owns what land – these and countless other bits of information can be gleaned, usually on line, from public documents and archives. Finding most of these same bits of information yourself would take huge amounts of time and effort.

3. They often enable you to compare some data with others. This can make it easier to determine which of the issues in your community are most important, or to give you ideas about finding resources to address issues.

4. They help you use your time more efficiently, and free you from the need to spend time collecting data yourself. You may get more and better information, particularly when it comes to hard numbers, from spending a few hours with public records than from spending weeks trying to get the same information directly.

5. Their information may keep you from making important mistakes. You may be advocating for saving a piece of open land that’s “always been wild,”for instance, when a look at the town archives would tell you that it was an industrial site a hundred years ago.

6. They’re part of a larger information package. Together with the other assessment strategies, information sources, and tools you use, they’ll give you the most accurate and most nearly complete picture of the aspects of the community – now and in the past – that you’re concerned with.

How do you use public records and archival data?

Once you’ve set out to obtain publicly available information, how do you go about it? In this part of the section, we’ll set out some steps for getting what you need.

Even before you start thinking about what kind of information you want, you should spend some time making sure you know why you want it and what you’re going to use it for.

A. Determine what type(s) of information you need

There are many kinds of information available. Before you approach the vast storehouse of public records and archives, it’s important to know what you’re looking for, or you’ll easily get lost.

B. Find the records or archives that contain the information you need

Once you’ve determined what you’re looking for, you have to find out where to get it. There is a vast store of records and archives, and it isn’t always obvious which agency or institution – or even which level of government – has the right information. There are two obvious places to begin your search.

The first is the Internet. Virtually every government agency and department, every archive, and every legislator has a website, and those websites almost always explain what kind of data that particular body or individual can provide. For Internet search tips, please see Chapter 19, Section 6: Promoting the Adoption and Use of Best Practices. The website of the industry magazine Search Engine Watch is also useful.

The other great source of help in searching is your public or university library. As we’ve often stated in Lawi, reference librarians are, in general, knowledgeable and eager to help, and many take difficult searches as a challenge. The advantage of using a library is that librarians may be able to find you sources not referred to on the Internet, or may steer you to documents or collections that are not public or archived records, but are still accessible to the public.

The gap between libraries and the Internet is far narrower than it used to be. Many public and university libraries have put their catalogues on line, where they can either be consulted by everyone, or where users can pay or register to use them. Many libraries are putting large parts of their collections on line as well. In addition, libraries and librarians often have access to large databases that may contain or direct you to the information you need.

Only some of the records themselves can be found on line or in libraries, but websites and librarians can confirm that such records exist, and help you find them. If it’s physically possible, a trip to the appropriate agency, archive, or institution can find you what you’re looking for. Someone there will know exactly where the material is, and may well lead you to other useful information as well. Another advantage to a personal visit is that, if you have to purchase materials, you can do it on the spot, without having to wait for delivery.

Finding the particular documents or other material won’t necessarily end your search. One document may lead to another and still another, or to a search for something entirely different, and you may find yourself again trying to determine where you can find what you need. That’s the nature of research.

The places you’re likely to find your information are many and varied. What follows is an outline of where you might look, but is no means complete. The list of federal government departments and agencies, for instance, merely scratches the surface. But it will give you some idea of what’s available, and what you might find where.

Public records

1. The Census Bureau. Some of the most useful public records in the U.S. are those produced by the Census Bureau. Every ten years, the Bureau, a federal agency, conducts a census of the entire U.S., gaining basic information from and about every household in the country, and more detailed information from approximately one household out of six. The results of the census, including maps of census tracts, block groups, and blocks, combinations of various types of data (education levels for the whole population of a state, for just women, for just Hispanics, for just Hispanic women, etc.), and some analysis are made available to the public.

Census tracts, block groups, and blocks are the areas into which the Census Bureau divides the country for the purpose of collecting information. As of 2000, a census tract contains between 1,500 and 8,000 people. In a densely populated area, a census tract may encompass only a few buildings; in a rural area, it may extend for many miles.

A census block is the smallest area for which the Census Bureau collects information (there may be several census blocks in a single census tract), and a block group is just that – a group of census blocks considered as a unit. In a large city, a census block may cover a city block or less.

Each tract, block group, and block is assigned a number, and census data refers to those numbers. The Census Bureau website includes maps of census tracts and blocks covering the entire United States, so that you can find the census tracts that cover your community, and even the specific parts of your community that you’re concerned with.

Most census data is available on the Internet on the Census Bureau Home Page. There is a vast amount to be found, all broken out by census block, block group, and tract, community, county, state, region, and the country as a whole. Some of the most commonly sought information includes:
•Demographics: The age, gender, race, ethnicity, etc. of the population by census tract, community, county, state, region, and the whole country.
•Education levels of the various segments of the population.
•Economics: Income (by individual and household), employment status, type of work, length of commute, and other statistics related to economic conditions of families and communities.
•Housing: Value and type of housing (one-family, multi-family, mobile home, etc.), size and condition of housing, household size, amenities (indoor plumbing, full kitchen, etc.)

2. Other federal records. As explained above, most government records are legally open to the public. Federal department and agency regulations, rulings, and reports are among those that can be obtained on the Internet, in libraries, or from the government bodies themselves. Departments and agencies whose records might pertain to community assessment include (but certainly aren’t limited to):
•HUD, the Department of Housing and Urban Development, which funds and oversees affordable housing programs, Community Development Block Grants, and other programs intended to improve the quality of life for low-income citizens.
•HHS, the Department of Health and Human Services, which oversees welfare and the public health system.
•CDC (the Centers for Disease Control and Prevention), and NIH (the National Institutes of Health), both agencies of HHS, which fund and conduct medical research and intervention and monitor health issues
•DOL, the Department of Labor, which concerns itself with employment, labor relations, and other similar matters.
•OSHA, the Occupational Safety and Health Administration of DOL, which oversees working conditions in business and industry.
•EPA, the Environmental Protection Agency, which monitors pollution and industry compliance with environmental regulations, among many other tasks.
•The Department of Education, which administers federal education programs, education grants to states, research, etc.

Another source of information from federal records is the filings that corporations are required to make by various federal bodies and laws. A few of these:
•The SEC (Securities and Exchange Commission oversees stock trading and is intended to safeguard the interests of shareholders. It requires publicly traded businesses to file annual reports and monthly updates, encompassing sales, earnings or losses, names of directors and officers, etc.
•Filings under the rules of the UCC (Uniform Commercial Code, with links to state laws that follow the guidelines of the UCC.
•Filings under the Campaign Finance Reform Act (overseen by the Federal Election Commission.) These can also be found at the website of the Center for Responsive Politics. They tell you the 20 biggest business contributors to each member of the House and Senate, and also rank the types of businesses that contributed to each lawmaker.
•Environmental reports and statements filed under EPA regulations.

Other federal records include:
•The proceedings of the House and Senate (in the Congressional Record, published daily by the Government Printing Office and available online, with an index going back to 1983, and earlier editions available through Federal Depository Libraries, which include many public and university libraries in all states)
•Voting records of all members of the House and Senate (a good source for these is Project Vote Smart), as well as what they choose to disclose of their financial situations.
•Federal court records, including those of all Federal Courts of Appeals and the Supreme Court (available on the Internet at Public Access to Court Electronic Records for a fee. See Resources for other options.) The Supreme Court has its own website, where opinions, dissents, and other information from recent sessions (past three years) are available at no charge. The Villanova Law School Library maintains an index of federal court records on the Web.
•The Federal Register. Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents (description from the Federal Register website).

3. State records. States, in addition to keeping vital statistics (births, deaths, marriages, etc.), also keep a large store of other records, virtually all available to the public. In fact, state records are likely to be far more valuable for a community assessment than federal records (with the exception of census data), because they contain more specific information about the community.

Most state websites include information on state records. You may have to cast around a bit to find it – it’s often buried in the link to a particular agency – but it’s likely to be there. Global Computing provides links to all 50 state websites.

Another way to find state records, or indexes to them, on the Web is to use a search engine. If you search “public records”or, better yet, the type of public records you’re looking for, along with the name of the state, you’ll probably find what you’re looking for without too much trouble.

Regulations, laws, filing requirements, etc. vary from state to state. All states must follow certain federal laws, but may make their own decisions in the cases of others. Thus, some state regulations and requirements for records may be stricter than federal laws, while others may be more lenient. States may also establish their own regulations in areas that aren’t governed by federal laws.

Some state records you might be interested in:
•All state laws.
•State department and agency regulations, rulings, and reports. State agencies issue these just as federal agencies do.

Most states have departments and agencies similar to those of the federal government, although their names vary from state to state, and sometimes change. In Massachusetts, for instance, the Executive Office of Health and Human Services and the Department of Environmental Protection are separate, while in Colorado, the Department of Public Health and Environment combines many elements of these two functions. Some other states organize their departments and agencies differently from either of these.
•Licensure. Licenses for professionals and tradespeople – social workers, psychologists, lawyers, plumbers, contractors, etc. – as well as licenses for businesses of certain types – stores, restaurants, and bars that sell liquor, for instance.
•Articles of incorporation.
•Corporate filings. Corporations doing business in a state must file annual reports and other information; the requirements vary from state to state.
•Information on state demographics, economics, and other census-like data. Some states collect their own data in many of the same areas that the census does. It may be collected more often than census data – annually, for instance – so that it’s more up-to-date than the federal figures, most of which are based on the 10-year census.
•Court records. Most state court systems include special-jurisdiction courts (Probate Court, Housing Court, Traffic Court, etc.), District Courts (general trial courts), an Appeals Court, and a Supreme Court.
•Wills that have gone through probate – i.e., that have been administered by the Probate Court – are public documents as part of the state’s court records.
•Motor vehicle registration.

Like states, most counties and municipalities have websites which often give information about public records. The websites can easily be found by searching the name of the county or municipality and the state on an Internet search engine. You can also find records at your City or Town Hall, at the County Courthouse or County Offices (in all cases, the Clerk’s Office is a good place to start), or at the public library.

Some public records that are kept by counties and municipalities:
•Local licenses and permits. Building permits, zoning variances, etc.
•Assessors’ records, which include property value and tax information.
Property transfers, foreclosures, permits, and other information relating to real estate.
•Deeds.
•Police activity. Many local newspapers publish the whole of each day’s police log (the record of all calls to the police, and of all the actions officers take in the course of a day).
•Town and county annual reports. These generally contain information on such things as housing starts, business activity, crime, town and county budgets, and other relevant areas.
•Maps of all kinds, often including GIS maps. (See Chapter 3, Section 16: Geographic Information Systems: Tools for Community Mapping.)
•A town or county calendar of meetings and events, as well as records and minutes of meetings of local boards and governing bodies.

Continue in Archives and data

Main source: Community Tool Box: https://ctb.ku.edu/

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

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