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Montgomery County Public Schools (MCPS)
Reply to "MCPS Charging Parental Rights Group $18K to Fulfill Public Information Request "
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]The request was probably too broad. If it takes 440 hours they were probably requesting every document in the system to be viewed or scanned in some way.[/quote] You can see the substance of the request at the link. They’re asking for emails containing “opt-out” and "opt out" sent from 30 addresses over a 6 month period. That's an easy search to run on the back-end. Manual processing time would obviously depend on the number of emails, but I'd be surprised if there are more than a thousand or so. Probably much less after deduplication. I've done FOIAs ordered if magnitude bigger than that. And we didn't charge, despite the FOIA being obviously malicious. I fully support charging, but $18k is ridiculous. [/quote] Whether or not the FOIA request is "malicious" is irrelevant. I work for a federal agency and review FOIA responses. We don't hand out free FOIA responses if we feel like it. There are specified criteria for a fee waiver. If a request does not meet the criteria, then the requester must pay search and review fees if they exceed a nominal amount (every agency is different, but generally anything up to $25-50 is provided free of charge). Search and review fees are based on the grade level of the staff performing the work; and hourly rates for attorney staff or managerial staff are obviously much higher than for clerical or administrative staff. For a FOIA of this magnitude you would have staff at all levels doing the work. I'm an attorney so I don't get involved in searches, but I've had reviews that have taken a week and I am required to report all of those hours to the FOIA office for billing purposes. When you consider the number of staff hours devoted to this, $18,000 does not seem unreasonable (also, as many others have pointed out, this is only the initial estimate and surely the parties will work together to narrow the search). [/quote]
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