Freedom of information

[shadows]

Tulsa world in order to pursue their crusade of the freedom of information is pointing out in its addition of Monday how the cities are circumventing the intent and purpose of the statue.  The purpose of the act was to make governments of the people visible but instead it has become more in-visible. Although the fee is established by the act the consensus of the ghostly person that is to provide access to the information is very hard to find and when found the illegal charges are referred to as "this is the way we have always made these charges". 

The city of Tulsa on the request for information charges $80.00 setup fee because some records requested are kept by a private semi-division of the city.  Mayes county charges $1.00 per sheet  "because that is the way we have always done it".

The lawmakers did provide, in order to make the standing bureaucracies open their records at an affordable cost of 25 cents a sheet to the public only to be stymied by "that's not the way we have always done it"

Should we appeal the act and let the perpetual bureaucracies meet behind closed doors to make all the decisions for the citizens?   

Should we educate these public servants on what their duties are?       

[RecycleMichael]

I don't use records. I prefer to download my music direct to my computer.

[Hoss]

You'd think he'd be afraid to get the pink gas residue on him if he did an FOI request....

[Red Arrow]

I don't use records. I prefer to download my music direct to my computer.

I still have a few records, and a turntable.  Mostly I have CDs.

[Hoss]

I still have a few records, and a turntable.  Mostly I have CDs.

Took most of my CDs and put them on the iPod.  I still have a TON of LPs but turntable took a crap on me.

[patric]

SKIATOOK - The Skiatook Police Department has been charging far more than state law allows per page to fulfill public records requests and, in some cases, levying a search fee specifically banned by law, a Tulsa World investigation has found.
Whole story:  http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20120730_11_A1_CUTLIN341959

Last week, Skiatook city attorney Joel Barnaby said the illegal charges would stop. Barnaby said he advised Police Chief John Lawrence to abide by a 2007 city resolution that, according to Barnaby, aligns fees with the state Open Records Act.

"So basically they concede that they've been overcharging the public for years," said Joey Senat, an associate professor of journalism specializing in media law at the OSU School of Media and Strategic Communications.

In a phone conversation with the World, Skiatook Police Department records clerk Mary Holycross said records cost $4 for the first five pages and 25 cents for each extra page.  The department's records request form, however, cites costs of $4 for "the initial report" and 25 cents for "each supplemental page."

The state Open Records Act allows copying fees of no more than 25 cents per page, except in county offices that have set higher fees under state law.
In addition to charging copying fees that do not comply with the law, the police department's records form also states the department charges a search fee, which is not allowed by law in most cases.

"In no case shall a search fee be charged when the release of records is in the public interest, including, but not limited to, release to the news media, scholars, authors and taxpayers seeking to determine whether those entrusted with the affairs of the government are honestly, faithfully, and competently performing their duties as public servants," the law states.

In its definition of what a record is, the Open Records Act includes "data files created by or used with computer software, computer tape, disk, record." It does not set up separate fees for electronic records.
The law also states that "a public body may charge a fee only for recovery of the reasonable, direct costs of record copying, or mechanical reproduction."

Barnaby said that "computer generated reports" means "magnetic tape and contents for computer reports."
"Like back in the days when they kept computer files on magnetic tape wheels," he said.

Shirley Lett, Skiatook's clerk and treasurer, said excessive disruption is "just if it's disrupting your day and you have to take time out of whatever you're working on to get these records."
"It's absolutely outrageous to say that any time a records person stops to provide records that that would be an excessive disruption," Senat said.
The Act requires public bodies to establish records custodians who are available to fulfill requests.



Here are key portions of the Oklahoma Open Records Act outlining copying and other fees that public bodies may charge for records:

    "Notwithstanding any state or local provision to the contrary, in no instance shall the record copying fee exceed twenty-five cents ($0.25) per page for records having the dimensions of eight and one-half (8 1/2) by fourteen (14) inches or smaller, or a maximum of One Dollar ($1.00) per copied page for a certified copy. However, if the request is solely for commercial purpose, or would clearly cause excessive disruption of the essential functions of the public body, then the public body may charge a reasonable fee to recover the direct cost of record search and copying."

    "Publication in a newspaper or broadcast by news media for news purposes shall not constitute a resale or use of a record for trade or commercial purpose and charges for providing copies of electronic data to the news media for a news purpose shall not exceed the direct cost of making the copy."

    "Any public body establishing fees under this act shall post a written schedule of the fees at its principal office and with the county clerk."

    "In no case shall a search fee be charged when the release of records is in the public interest, including, but not limited to, release to the news media, scholars, authors and taxpayers seeking to determine whether those entrusted with the affairs of the government are honestly, faithfully, and competently performing their duties as public servants."

    "The fees shall not be used for the purpose of discouraging requests for information or as obstacles to disclosure of requested information."

[Hoss]

I'm proud of this topic, topic drift after one post.  We're awesome!  Marshalls for everyone!

[Townsend]

cities are circumventing the intent and purpose of the statue.

A statue's intent and purpose aren't often circumvented.

[AquaMan]

^Apparently that is the position you must take to access public information around here.

[Conan71]

Nice way to mock someone for recognizing a legitimate issue with government transparency.

[Townsend]

Nice way to mock someone for recognizing a legitimate issue with government transparency.

He is extremely mockable.

Have someone else start a thread about the subject and maybe it would be taken seriously.

He's destroyed his own legitimacy.

[patric]

Nice way to mock someone for recognizing a legitimate issue with government transparency.

Conan and I agree on something?
no...way...

Have someone else start a thread about the subject and maybe it would be taken seriously.

The messenger shouldn't matter as much as the message (at least in this case).

[Townsend]

The messenger shouldn't matter as much as the message (at least in this case).

He doesn't but would you want your position pushed by Towelie?

[Hoss]

He is extremely mockable.

Have someone else start a thread about the subject and maybe it would be taken seriously.

He's destroyed his own legitimacy.

This.  For sure.

Not difficult to do when you find sentences like this:

the fee is established by the act the consensus of the ghostly person that is to provide access to the information

[AquaMan]

There are many rooms in my father's house.

He represents a slice of the city that doesn't often post here.  I''m impressed that he does. It doesn't mean his insights aren't valuable and that what he refers to isn't impacting your lives.

A translation dictionary would be helpful though.