I often complain that the public is getting over-charged for public records requests. Here is an example: A reader did a Miami Dade County Public Records request. He had 6 queries:
1) The number of cases Mr. Pedro Garcia decided on during his time as a special magistrate. Also, which years did he serve as special magistrate?
2) Of that number (#), from 1, the breakdown of cases as successfully appealed (#) or denied (#). Those 3 numbers I am asking for are related to Mr. Pedro Garcia's time as a special magistrate.
Next are a different set of queries:
3) The total number (#) of appeals for property tax filed in the 4 years prior to Mr. Pedro Garcia assuming office (January 6, 2005 - January 5, 2009).
4) Of that number (#), in 3, the breakdown of cases as successfully appealed (#) or denied (#).
5) The total number (#) of appeals for property tax filed in the time after Mr. Pedro Garcia assumed office (January 6, 2009 until Present).
6) Of that number (#), in 5, the breakdown of cases as successfully appealed (#) or denied (#)
These 6 numbers relate to the total number of property tax appeals filed for the last 8 years.
Okay what do you think Miami Dade County is going to charge for this public records request? It looked like a $100 request to me.
Analysis, 3 hours: $186.00
Extract information for 2007 - 2011 tax years, 7 hours: $434.00
Public Access Testing and FTP information, 4 hours: $248.00
Shipping and Handling $20.00
Total 14 Hours $888.00
Are they friggin' kidding?
13 comments:
It's a scam they have been doing for years to prevent the release of embarrassing information. The same occurs with the Mayor's office when it comes to personnel data.
Gotta pay for those fat pension plans and health benefit!
The 2011 Florida Statutes
119.07 Inspection and copying of records; photographing public records; fees; exemptions.—
(4) The custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized:
(a)1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/2 inches;
2. No more than an additional 5 cents for each two-sided copy; and
3. For all other copies, the actual cost of duplication of the public record.
(b) The charge for copies of county maps or aerial photographs supplied by county constitutional officers may also include a reasonable charge for the labor and overhead associated with their duplication.
(c) An agency may charge up to $1 per copy for a certified copy of a public record.
(d) If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html
Miami-Dade the Office of the Inspector General (OIG)
Report Fraud online
http://www.miamidadeig.org/fraud.htm
In response to the public’s demand for clean government, the Miami-Dade County Board of County Commissioners created the Office of the Inspector General (OIG). The OIG is authorized to detect, investigate and prevent fraud, waste, mismanagement and abuse of power in county projects, programs or contracts.
The County Commissioners took great lengths to insure that the Inspector General can carry out these goals while autonomous, independent and insulated from political influences. It is one of a few OIGs in the country that has jurisdiction to investigate officials at any level, including elected officials. By Agreement, the OIG provides similar services to the Miami-Dade Public Schools District.
Our goal is to prevent misconduct and abuse, expose it publicly, and seek appropriate remedies to recover public monies. Above all, the OIG’s principal objective is to promote ethics, honesty and efficiency in government and to restore and promote the public’s trust in government.
Report Fraud online or call our 24-hour Fraud Hotline: (305) 579-2593
Office Telephone: (305) 375-1946
Fax: (305) 579-2656
Report Fraud online
http://www.miamidadeig.org/fraud.htm
This is yet another reason to vote against Pedro Garcia and vote for his opponent.
Most of this information should be used for their own performance measures and should be available online for the public to view (without needing to ask).
Remember that Garcia is the same idiot who refuses to report foreclosure sales or factor them into property values. He doesn't believe in transparency. He needs to be tossed out in the coming election.
First, this is a bad public records request, because by lumping all of these questions together it was bound to trigger the Special Service provision.
When you have a request with multiple requests, it is better to make them separate requests.
Secondly, what's wrong with going down and doing some of the research yourself?
Whenever possible, it's always better to do the leg work yourself because in the process you might discover even more documents and information that you didn't think about at the beginning, and secondly, sometimes you come across public employees willing to give you valuable tips.
al crespo
I agree with Al Crespo it is not a perfect public records request. I would just have asked for all records on his stint as special magistrate. Sometimes being too specific cost more, but not being specific enough doesn't get you the info you need. They do not want to give it to you so they stonewall. I guess he/she should have asked for the employee records of Pedro. If you go down there they charge you an hourly rate for a person to sit with you...even though they don't pay much attention and continue on with whatever they are doing. But Al is right. You have to go down there and sort through the information to actually have a chance at getting what you want. But, when I make my requests to go down there and inspect records, the cost is usually prohibitive so I don't do it. I can't afford $80 public records requests much less $800.
I worked in Finance at the County and can confirm that up until a few years ago their records were a mess. They had to hire temps in order to file records that were tossed aside for years in bond administration until the building manager asked them to move them because they were considered a fire hazard. They kept file boxes stacked in the aisles in accounts payable throughout the entire floor and only one person could walk the floor at a time. The lazy exes concluded it was easier to deal with public records requests and have the records easily available, even when the auditors complained that peoples financial information was not secured (i.e. social security numbers, etc.) All the boxes where moved to storage when a new director was hired. He never got to see the mess.
Pedro Garcia needs to GO! GO GO! I will certainly, not vote for him. His office is incompetent, mean and nasty. Pedro Garcia will never call or contact you no matter how many times you leave a message. Lets Vote for Lopez-Cantera. We have had enough of Garcia. Garcia legacy as Tax Assessors will be: Causing the City of Miami citizens a tax problem which Mr. Cantera solved for us: Throwing the senior citizens out of their homes through tax liens: Not figuring in the forecloures to reduce taxes and increasing his staff which does not know what they are doing to the highest in the state when other assessors offices in the state decrease. I just wonder if these additional employees in the assessors office are family, friends and political appointment from the board of county commissioners. Lets check this out!
Vote Cantera!!!!!!!!!!!!!!!!!
No don't go to that extreme. Cantera...yuk!
Pedro Garcia is not bad. He is not political and he isn't looking at the job as a stepping stone.
School Board Member Marta Perez once had to make a public records request to get information that Rudy Crew did not want her to have. He tried, unsuccessfully, to have the cost of an Assistant Superintendent find and make the copies passed onto Ms. Perez. It took a lawsuit to get the Superintendent to provide the copies at just the cost per page.
I agree with Al, your request is a rediculous. You are not just asking for copies of documents, you're asking for a high-level analysis of years worth of data. Get the raw data and hire an analyst and do it yourself. I bet you'll find $888 is a deal. This is a perfect example of how unreasonable the expectations of the public can be.
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