[Vision2020] More UI Public Records Shenanigans

[Ron Force]

It might have taken that long to find and sort out 645 pertinent e-mails
from the e-mail archives. The investigation into the Boise Center real
estate deals took considerably longer. I'm sure the university responded
affirmatively within 10 days--it probably just took longer to do the work.

And yes, public agencies are allowed to charge for their costs in
responding. Here's the Attorney General's take:

Question No. 13: What fees may be charged for the cost of copying public
records? Answer: The concept of the law is that examination and copying of
public records is part of the public business, already funded by taxpayers.
An agency may establish a copying fee schedule, which “may not exceed the
actual cost to the agency of copying the record . . . .” The section
contains an exception to preserve fees already established by other laws,
such as recorders’ fees and fees for court records.  Some state and local
agencies provide information in the form of computer tapes and disks. The
law permits charging for the “direct cost of copying the information in
that form. The language of the law regarding the cost of providing computer
or similar records is rendered somewhat unclear, however, by language,
which also allows the agency to collect “the standard cost, if any, for
selling the same information in the form of a publication. It is the belief
of the attorney general’s office that this language permits a public agency
to offer the requested information in an already printed publication, and
to charge the standard cost of selling the publication.

 Question No. 14: May the agency recover the cost of mailing or faxing
copies of public records? Answer: The law requires an agency to provide
public records to members of the public; the agency is not required to send
the records to the person making the request. The law does not prevent the
recovery of actual mailing or telecommunications costs if there is a
request to mail or fax information to someone.

Question No. 15: What fees may be charged for any labor costs incurred in
locating, redacting, copying, and providing access to public records?
Answer: Agencies may establish a fee to recover such labor costs for
voluminous or complex requests, or requests that involve locating archival
information. In addition, if an agency must incur additional expense to
provide access to records during other than normal working hours, or
requires the services of outside contract copying companies, or overtime on
the part of its own employees, the agency may require advance payment to
compensate for this additional expense.

Question No. 16: Are all members of the public required to pay copying fees
and labor costs? Answer: Agencies are allowed to waive any cost or fee for
copies or labor when the requester demonstrates an inability to pay, when
the request “[i]s not primarily in the individual interest of the requester
including, but not limited to, the requester’s interest in litigation in
which the requester is or may become a party,” or “demonstrates that the
requester’s examination and/or copying of public records [i]s likely to
contribute significantly to the public’s understanding of the operations or
activities of the government.”

Question No. 17: May the agency require advance payment of fees? Answer:
Agencies are allowed to require advance payment of the costs of copying and
labor costs.



Ron Force
Moscow Idaho USA

On Thu, Sep 29, 2016 at 3:08 PM, Saundra Lund <v2020 at ssl1.fastmail.fm>
wrote:

> Since when did it become acceptable at the University of Idaho to use
> public records requests as a source of revenue?!  And since when did it
> become acceptable at the UI to thumb its nose at the response times
> specified in Idaho Public Records Law?!
>
>
>
> http://www.idahostatesman.com/sports/college/university-of-
> idaho/article104963721.html
>
>
>
> “The university charged the Tribune $911.14 to furnish the public
> records, which included 645 email communications sent by, and received by,
> both Staben and Spear. On May 3, university general counsel responded to an
> initial email sent by the Tribune, affirming the UI was in receipt of the
> records request. General counsel began collecting the emails on May 19, but
> didn't make them available until Aug. 29. According to Idaho law, public
> records requests must be granted or denied within 10 working days of the
> request.”
>
>
>
> It seems to me public institutions that have nothing nefarious to hide
> would hide nothing, and they certainly wouldn’t view as adversaries those
> trying to examine public records, which is our *right* to do.  Nor would
> they erect insane financial barriers to public records access.
>
>
>
> As Idaho’s Attorney General has written, “Open government is the
> cornerstone of a free society.  The Idaho Legislature affirmed Idaho’s
> commitment to open government by enacting the Idaho public records law in
> 1990.  The public records law protects each citizen’s right to monitor the
> actions of state and local government entities by providing access to
> government records.”
>
>
>
> I cannot help but wonder what else the UI is so desperately trying to keep
> hidden from the public eye L
>
>
>
>
>
>
>
> Saundra Lund
>
> Moscow, ID
>
>
>
> I hold that, the more helpless a creature, the more entitled it is to
> protection by man from cruelty of man.
>
> ~ Mahatma Ghandi
>
>
>
>
>
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