A recent Spotlight PA and Resolve Philly article detailed how some counties seize Social Security benefits from foster children under their care.  This brought awareness and criticism to an important issue.

A companion article outlined the methodology in capturing the financial data. The journalists sent RTKL requests for records related to the county collection of Social Security benefits to all 67 counties.

“For more than a year, counties slowly sent the newsrooms their data. Some were hesitant to hand it over, citing concerns about the privacy of the children in their care. However, the information was easily redacted. Some counties weren’t sure what the requests were asking for, so reporters ended up sending examples to them or negotiating for records in several mediations with the Office of Open Records.”

This description of the journalists’ methodology highlights the value of a lesser-known service provided by the Office of Open Records:  mediation.

Mediation is the process by which the requester, agency, and trained mediator from the OOR talk privately in a virtual meeting to discuss the request for records. The discussions and a listing of any documents or information that are ultimately provided are strictly confidential, even within the OOR.

Given the lack of publicity surrounding the mediation, journalists’ voluntary sharing of use of the program offers a rare chance to shine a light on its benefits.

In many facets of life, a satisfactory result for both sides is better achieved with conversation than an exchange over email. This may be the case with a request for records. Perhaps the requester can better explain what they are trying to seek, or the agency can offer a better description of the challenges in providing those records. A mutual understanding may lead to a compromise, with records being provided.

In the case mentioned in this article, “negotiating” via mediation helped create a database of 47 counties’ information on the capturing of foster children’s Social Security benefits.

As a requester, it is a great option if you believe an agency isn’t grasping what you are seeking; as an agency, a dialogue with the requester allows you to reach a consensus and avoid a potential lengthy court battle.

More details on the mediation program are on our website.