What do y'all think about the complaints regarding the $135/hour fees for sunshine requests? There's lot of anger over this right now.
I think we all would agree that disclosure and transparency are desirable here, so there's definitely validity to the arguments that waiver of fees is in the public interest. OTOH, Ferguson is spending beaucoup bucks on police overtime and other costs associated with this situation, and they're granting amnesty and cancelling traffic fines wholesale, and their property tax revenue is most likely on a sharply downward trajectory, so it's not like they have tons of extra money sitting around.
As to the fee itself. The headlines that they're charging 10 times a city worker's salary is just melodrama. They've quoted AP an hourly rate of $135/hour, which is ten times the hourly wage of the lowest-paid entry-level worker in the city clerk's office. So I discount the headline, but I do look at the $135/hour charge.
$135 seems high, on its face. Then I look at what's included in that.
Missouri statutes set the per-page copying fee at 10 cents per page.
Fees for duplicating time (someone to run the copier) are "not to exceed the average hourly rate of pay for clerical staff of the public governmental body."
Research time required for fulfilling records requests may be charged at the
actual cost of research time.
Source:
http://www.moga.mo.gov/statutes/C600-699/6100000026.HTM
Obviously, the bulk of the $135/hour would have to be research time. That would include skilled IT people to fashion and conduct the searches to pull the relevant emails & other requested documents from databases, as well as lawyers & other professionals to review the documents, determine what's relevant to the request, determine what should be exempted from the request, and determine which part(s) need to be redacted. There would probably need to be time spent reviewing state law and case law in determining exemptions and redactions. When you get lawyers involved -- and they have to get lawyers involved -- "actual costs" can easily skyrocket.
So, I end up undecided whether $135 is unreasonable. A Google search doesn't enlighten me as to what average sunshine request fees are or how often fees are waived. What do y'all think?