Freedom of Information and the Catawba Nation

We have all felt the frustrations of trying to locate specific details or getting an answer to a question - whether you are searching in the pursuit of knowledge, or trying to make an informed decision, it is often difficult to know where to find accurate documentation. When it comes to our Tribal Government and Tribal Entities, what information are Catawba Citizens authorized to view? Are there documents we cannot view on the tribal database system, also known as the Citizens Portal? Finally, how do we request these documents? The answers - and sometimes the processes - aren't always clear.

First, we need to talk about our rights to view certain governmental records or documents in the United States. The Freedom of Information Act, or FOIA, was established in 1967 with the purpose of allowing US citizens to request to view or obtain records from federal agencies. The records requested are to be distributed to the requesting citizen unless it meets one or more of the nine exemption criteria below, which were created to protect interests such as national security, personal privacy and law enforcement. These nine criteria can also be found on the FOIA.gov website. 

• Exemption 1: Protects information that is properly classified under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy.

• Exemption 2: Protects information related solely to the internal personnel rules and practices of an agency.

• Exemption 3: Protects information specifically exempted from disclosure by another statute, if that statute either: (1) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or (2) establishes particular criteria for withholding or refers to particular types of matters to be withheld.

• Exemption 4: Protects trade secrets and commercial or financial information that is obtained from outside the government and that is privileged or confidential.

• Exemption 5: Protects certain records exchanged within or between agencies that are normally privileged in the civil discovery context, such as records protected by the deliberative process privilege (provided the records are less than 25 years old), attorney work-product privilege, or attorney client privilege.

• Exemption 6: Protects information about individuals in personnel and medical files and similar files when the disclosure of that information would constitute a clearly unwarranted invasion of personal privacy.

• Exemption 7: Protects records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information could pose a specific threat listed in examples A - F on the FOIA.gov website. 

• Exemption 8: Protects information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of, an agency responsible for the regulation or supervision of financial institutions.

• Exemption 9: Protects geological and geophysical information and data, including maps, concerning wells.

It is important to note that governments still have a duty to make this data available so that citizens can stay informed about their government’s activities. 

In the search for information over the past few months, a few citizens of the Catawba Nation have requested information from the US government regarding tribal businesses, or the tribal government, in an effort to encourage transparency from Tribal Government Officials or Tribal Entities.

Within the tribal government, if a Citizen of the Catawba Nation wishes to request a document, they would need to go through the Secretary Treasurer. Based on the type of document, it is then decided if the document can be sent electronically, or if it would  need to be viewed in person. We do not currently know what the procedure is to determine if a document can be viewed electronically (rather than in person), however Longhouse teams are working to digitize documents and upload them to the Citizen’s Portal for easily accessible viewing.

The Catawba Nation Citizen Portal has been a major addition to access to information for citizens of the Catawba Nation. Though there are reports of difficulty locating documents, the Communications Department is currently working to construct a space that is more user friendly for our community. As we reach a new election, some citizens have been  curious about how this process will be viewed by potential leaders. 

While researching for this article, candidates running for Chief and Assistant Chief were given the opportunity to answer questions about viewing documents and potential procedures to be put in place for sensitive documents. 

Storyteller's Note: Each candidate was contacted via Facebook Messenger and read receipts have shown that all have viewed the request for response.

How important is it that citizens have access to documents that they request?

Patricia Leach, candidate for Assistant Chief, stated that she believes it is extremely important for transparency that citizens are able to have access to documents. She believes the majority of documents should be put on the citizens portal on a regular basis. Patricia went on to state, “We should already have a formal Tribal Records Management process in place; however, we need a formal process for requesting documents and it should be separate from the EC. Having an Ethics and Compliance Officer to take those requests would be great. They should have a clearance and they can work closely with the Oversight Committee.”

Brian Harris added, “I believe as many government documents that possibly can, should be viewed. No HIPPA, no personal, no documents revealing trade secrets of a partner or entity the tribe does business with. Those things can be redacted and the document sent.”

Should documents require a review and information be redacted before a citizen can review? For example, do you plan to categorize documents as classified, unclassified, etc?

Patricia Leach commented saying, “The Ethics and Compliance Officer would review the documents to determine if things need to be redacted before sharing with our citizens. The EC and staff should not be the ones determining whether or not something should be classified or unclassified as it could cause a conflict of interest. To be more conducive and impartial it would be better for the Ethics and Compliance Officer to handle and label each document as it is requested.”

Brian Harris stated, “...classified / non classified I don’t know. I think when you start doing this it opens the doors for the EC to start classifying a lot more things and it places the power in only one branch of our government. Sensitive things can be redacted.”

Editor's Note: For more information, please do not hesitate to reach out to your elected leaders to continue these discussions. Catawba Future will gladly share more information on this subject as resources become available. Please also note that this article was written prior to our storyteller being seated on the Catawba Nation Oversight Committee.