Tim:

When I worked in a municipal government (in the Commonwealth of Virginia) a 
while back where I was a departmental records officer (later the City's 
Records Admin/Archivist) I was very aware of the public nature of our 
records and that they were available via FOIA.  I would happily give copies 
(within reason) even without an official FOIA request.  FOIA requests just 
meant more time and effort to deal with the FOIA paperwork.  However, when a 
FOIA request was received, I would give a fair assessment of the time/cost 
required for research and review, and it would usually be a significant 
cost.  Since I was the researcher (not our admin/clerical staff) as a 
professional staff member (with real duties to perform) my hourly rate for 
such activity was not cheap, neither was the department director's (or 
assistant director's) who would be the reviewer.

I as well would like to know what the rationale would be for such 
legislation.

Tod Chernikoff, CRM

--------------------------------------------------
From: "Tim Barnard" <[log in to unmask]>
Sent: Wednesday, February 13, 2008 11:27
To: <[log in to unmask]>
Subject: Re: [RM] FOIA & fees

> From Sharon's post, part of the City of Lakewood's policy:
>
> <snip>
> "4.  Occasionally, a request for public records will involve the need to 
> perform extensive research and/or retrieval of documents. While the City 
> has a clear obligation to provide public records and information, it 
> cannot effectively serve as a research service for citizens without 
> affecting its ability to provide normal and usual services. Therefore, 
> departments may charge for research or retrieval that takes more than 
> one-half hour to perform. The charge for this research or retrieval will 
> be the hourly rate, including benefits, of the least-technically-trained 
> person required to accomplish the task. Time spent inspecting documents 
> and redacting exempt information will be included in this calculation."
> <snip>
>
> A bill in our current state legislature would remove the charges for 
> "searching and reviewing" records, allowing only the "actual cost of 
> duplicating and, if applicable, mailing copies of public records."
>
> I have tried to contact the sponsor, whom I know personally, about his 
> rationale for filing this, but so far my emails have gone unanswered.  Is 
> the research charge common everywhere else?  It seems that it is, from 
> postings in this and other threads.
>
> Tim Barnard
> [log in to unmask]
>
>
> 
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