Here We Go Again

I finally received a letter from the City supposedly answering my request for information. It is attached below (Note: I did not include the entire letter, removing the information for search hours and preparation time since it is not necessary for this BLOG)

It was non-responsive to my request. So out went another letter which I include below as well.

In looking at the exchange of letters, however, some interesting matters jump out right away. I'll leave that though for another time. I'll let you start forming your judgement as to what is going on as I am forming mine.

Letter to me from the City dated August 8, 2006

Re: Freedom of Information request – FOI 33-2006

This office in receipt of your e-mail letter dated August 3, 2006 in which you asked for a further breakdown of how this department arrived at the described costs for photocopying, number of hours, and preparation time relating to your request. I would remind you that when the fee is $100.00 or more, the Information and Privacy Commissioner/Ontario allows municipalities to estimate the numbers of records based on a representative sample of the records and/or the advice of knowledgeable institution staff that are familiar with the type and content of the records before the actual search is completed. Once these figures are determined, an interim access decision letter is sent to the requester, such as was submitted on July 28, 2006.

Your request is for a large number of documents covering a wide range of records held in the custody and control of the Corporation and as such each potentially responsive record must be reviewed by staff to ascertain if the content of your seven-part request is contained within any part of the record, which would qualify it as a responsive record to a part of the request. As discussed previously, this in-depth search and review can only take place once the City Clerk has received a fifty percent deposit as previously submitted to you in the July letter.

I provide the following chart that describes each area of the City and where the responsive records are located:

Department---------------------- Pages--------- Hours-------- Preparation Time

Building and Development-----------74
Chief Admin. Office---------------9550
Council Services----------------- 10000
Planning---------------------------5000
Finance----------------------------0
Legal------------------------------2875
Mayor------------------------------30
Public Works----------------------15000
City Auditor----------------------10000
Corporate Projects-----------------5000
Legal Documents Clerk--------------200
Total-----------------------------57729
Cost Totals

Grand Total 101089.8
Requester to pay 50% 50544.9

In addition to this, you have asked how this office arrived at the $30.00 per hour charge. I would direct you to Regulation 823 under the Municipal Freedom of Information and Protection Privacy Act, section 6 which sets out the fees to be charged for the purposes of an access request made under the Act.

 Photocopying: $.20 per page;
 Searching: $7.50 for each 15 minutes;
 Preparing, including severing a part of a record: $7.50 for each 15 minutes.

If you wish to contact me at any time regarding this request I would be pleased to assist you in further clarifying or narrowing the request to detail specific records which will then have an effect on the fee estimate as presented.

Yours truly,

Chuck Scarpelli
Manager of Records & Elections and
Freedom of Information Coordinator

To: Chuck Scarpelli

Re: FOI 33-2006

Thank you for your letter dated August 8, 2006. Unfortunately, it is not responsive to my request.

I asked “if you could provide to me the number of records in each of the seven parts of my request. All that you have given me are total numbers.” You have still not given me that information

You also did not breakdown the records by year.

As an example, what I am seeking for each of the seven areas is:

Area #1 Records re plans or proposals to operate…the Detroit- Windsor Tunnel…
 Total number of records
 Number of records broken down by year

Without this information, it is virtually impossible for me to make an informed decision.

You also have not provided me with any information at all respecting the Windsor Tunnel Commission even though it was requested.

Given the short review period, I would appreciate this information as soon as possible. Since this information was requested on August 3 and not provided, I must ask that it be provided by the close of business on August 16, 2006.