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Subject:
From:
Jesse Wilkins <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Thu, 19 Jun 2008 15:59:07 -0600
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Hi Robert, 

Not questioning you at all, however, I will take exception to some of the
things you took exception to. :) 

<snip>
...for those few who cannot comply with public records laws to the degree
demanded by the gadfly community...</snip> To some extent this matters - the
example you provide about Word vs. HTML, etc. I'm with you. But if I were to
ask for information that only exists in email and you offer me paper, I
think I'm within my rights to ask for electronic as *that* is the native
format. I might not be able to demand it the other way around - though that
*would* be cheaper in the long run. 

<snip> We are not allowed to charge for the time we spend or the expense of
pulling boxes from storage or time to review, analyze, and redact non public
information.  </snip> 
You may not be able to, but that's precisely what is being argued, for
example, in Missouri. See e.g.
http://www.columbiatribune.com/2008/Mar/20080307News025.asp. And they are by
no means the only jurisdiction taking this approach. 

<snip> Starting with the assumption that we are withholding records to try
and hide something is wrong. Will we be able to find examples to the
contrary, of course, but for the most part, our business is transparent and
anyone can look at anything anytime. The laws don't need to be changed, the
"people" who make a living badgering their local governmental agencies for
records need to stop.</snip> 
As I noted, I don't start with that assumption - and as I also noted, I
lived the lifestyle for a while as a traffic clerk for Denver County Courts.
I know it can be difficult and that there's hardly an agency in the US that
is so flush with resources that they can afford the burden these types of
requests impose. But that doesn't matter. What matters is what the law says.


There will always be gadflies, and as more of them organize, the volume of
their lawful requests will continue to rise. I'm only suggesting that a)
that's their right under the law and b) entities are well-served by
recognizing it and taking the steps necessary to address it, including all
the things Ginny and others mentioned about training and responding to
exceptional requests with appropriate direction. I also think that the more
proactive organizations are to move in the direction of self-service, the
better off they will be. In other words, don't wait for example to get your
email or text-messaging house in order until the deluge of gadflies' FOIA
requests come in. 

Respectfully submitted, 

Jesse Wilkins
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