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GC Kevin Reed’s PR Office uses fees and delays to stymie access to Pres Scholz’s transition docs

This seemed like a simple request. Tim Inman had sent the docs to Scholz, all he needed to do was forward those emails to me. I paid them their $364, and 6 weeks later I’m still waiting:

From: WTH <[email protected]>

Subject: Public Records request, Presidential transition briefing docs

Date: May 22, 2023 at 5:40:28 PM PDT

To: Lisa Thornton <[email protected]>

Cc: Tim Inman <[email protected]>

Dear Ms Thornton – 

This is a public records request for copies of all briefing materials prepared by the OtP or President’s Office and provided to Incoming President Scholz as part of his presidential transition. 

I ask for a fee waiver on the basis of public interest. I am ccing Tim Inman, as he should have these documents readily at hand and be able to provide them without your office’s usual fees and deliberate delays. 

Thanks, 

Bill Harbaugh
Econ Prof, U of Oregon

Reed’s Public Records’s office waited the maximum 3 weeks before asking me for $364.54: (Strange, because usually their fee is a prime number.)

From: [email protected]

Subject: University of Oregon Office of Public Records 2023-PRR-423

Date: June 12, 2023 at 3:28:32 PM PDT

To: [email protected]

06/12/2023

Dear Mr. Harbaugh:

The University of Oregon has received your public records request for “This is a public records request for copies of all briefing materials prepared by the OtP or President’s Office and provided to Incoming President Scholz as part of his presidential transition.” on 05/23/2023, attached. With this email, the office is providing you with an estimate to respond to your requests. 
 
The office estimates the actual cost of responding to your request to be $364.54. Upon receipt of a check made payable to the University of Oregon for that amount, the office will proceed to locate, copy, and provide the records you have requested that are not exempt from disclosure. Your check may be sent to the attention of Office of Public Records, 6207 University of Oregon, Eugene, OR 97403-6207. 

Please note that if the cost of preparing the documents for you is less than the estimate, we will refund the difference. If the cost of preparing the records for you exceeds the estimate, however, you may be charged for the difference. Following is an outline of how costs are determined.  

The office will provide the documents electronically to avoid a copy fee of 25 cents per page.  The office also charges for the actual cost of making public records available.  The charge includes, but is not limited to, staff costs for locating, gathering, summarizing, compiling, reviewing, tailoring or redacting the public records to respond to a request.  The charge may also include the cost of time spent by an attorney in reviewing the public records, redacting material from the public records, or segregating the public records into exempt and nonexempt records. 

The cost of time for each employee is calculated by multiplying the employee’s hourly wage calculation (including benefits expenses) by the hours or portions thereof necessary to locate, gather, summarize, compile, tailor, review, redact, segregate, certify or attend the inspection of the public records requested.

Thank you for contacting us with your request.  

Sincerely, 

Office of Public Records

6207 University of Oregon | Eugene, OR 97403-6207

(541) 346-6823 | [email protected]

I paid them their money, despite the fact they made no effort to explain how they had applied the Oregon AG’s 3-part test to reject the validity of my fee waiver request.

They replied saying I wouldn’t get the documents til July 12 – 6 weeks after I made the request:

From: [email protected]

Subject: University of Oregon Office of Public Records 2023-PRR-423

Date: June 22, 2023 at 3:53:33 PM PDT

To: [email protected]

06/22/2023

Dear Mr. Harbaugh:

The office has received payment for your request for “…copies of all briefing materials prepared by the OtP or President’s Office and provided to Incoming President Scholz as part of his presidential transition” and has begun gathering and reviewing responsive records.

Due to the volume of requests the office is currently processing, and the upcoming leave of key personnel, the office requires additional time to process your request. The office expects to provide records to you on or before 7/12/2023. 

The office appreciates your patience. Thank you for contacting the office with your request.

Sincerely,

Office of Public Records

6207 University of Oregon | Eugene, OR 97403-6207

(541) 346-6823 | [email protected]

publicrecords.uoregon.edu

7 Comments

  1. Fishwrapper 07/12/2023

    I’m curious: when you get your documents, do you get an itemized receipt explaining what they did to earn that $364.54? Or do you have to file a separate public records request to see that document…?

    • UO Matters Post author | 07/12/2023

      An itemized receipt? GC Kevin Reed doesn’t give no stinking receipts. Good idea about the followup PR request though – you willing to split the cost? And then of course there’s the followup to that …

      • UO Matters Post author | 07/12/2023

        Dear Ms Thornton –

        This is a public records request for an itemized receipt or other similar book-keeping records showing the costs of responding to PR request 2023-PRR-423 by the specific UO offices involved in providing these public records. Please include the actual time spent and the hourly rate of the employees.

        I am also requesting BANNER accounting records showing how my $364.54 payment to your office was distributed to the other UO offices that bore the cost of responding to this request.

        I also request the itemized estimate used by your office to calculate the $364.54 bill for these documents.

        I ask for a fee waiver based on public interest in the expenditure of public funds, and based on the fact that your response to the initial request did not include any justification for refusing to waive fees, or any evidence that your office applied the Oregon AG’s tripartitite test regarding such refusal.

        Thanks,

        Bill Harbaugh
        Prof of Economics

        • Fishwrapper 07/13/2023

          I’ll split it with you up to a Grant. I imagine they’ll charge you at least five Benjamins for that PR, though… Let’s face it: they see the PR office as a money machine.

          • UO Matters Post author | 07/20/2023

            07/20/2023

            Dear Mr. Harbaugh:

            The University of Oregon, Office of Public Records has received your public records request for “This is a public records request for an itemized receipt or other similar book-keeping records showing the costs of responding to PR request 2023-PRR-423 by the specific UO offices involved in providing these public records. Please include the actual time spent and the hourly rate of the employees. I am also requesting BANNER accounting records showing how my $364.54 payment to your office was distributed to the other UO offices that bore the cost of responding to this request. I also request the itemized estimate used by your office to calculate the $364.54 bill for these documents” on 07/13/2023, attached.

            If documents exist and can be provided, the office will send the documents electronically to avoid a copy fee of 25 cents per page. The office also charges for the actual cost of making public records available. The charge includes, but is not limited to, staff costs for locating, gathering, summarizing, compiling, reviewing, tailoring or redacting the public records to respond to a request. The charge may also include the cost of time spent by an attorney in reviewing the public records, redacting material from the public records, or segregating the public records into exempt and nonexempt records.

            The cost of time for each employee is calculated by multiplying the employee’s hourly wage calculation (including benefits expenses) by the hours or portions thereof necessary to locate, gather, summarize, compile, tailor, review, redact, segregate, certify or attend the inspection of the public records requested.

            Thank you for contacting the University with your request.

            Sincerely,

            cid:4B9B6C3F-95CC-44A6-9B03-D592F3AE51E2
            Office of Public Records
            6207 University of Oregon | Eugene, OR 97403-6207
            (541) 346-6823 | [email protected]
            publicrecords.uoregon.edu

            • OMA 07/21/2023

              What about contacting the State Auditor on this.
              https://sos.oregon.gov/audits/Pages/accountability.aspx

              Surly they can and should have a line item bill for their fee for service. ??? And no it should never cost to get it. Since they charged the fee they have already created the work product that can and should be conveyed to the customer. I would be like being told that your Bill at the restaurant was $364.53 and when you ask to see the bill they say that will take 6-12 weeks and cost ? $372.37 more??? Something smells fishy here.

              Not only is this a public records and open government issue but also billing and accounting standards.

  2. Fishwrapper 07/20/2023

    So they can determine, in advance, the amount you need to shell out to get records when you make a request, but they can’t determine how much, in advance, you will need to shell out to learn you what that money was spent on. Boon, I’d like you to meet Doggle… Proving once again that there is nothing like transparency to build confidence in a system. (And that’s nothing like transparency…)
    _
    If they can figure out a bill, I’ll still split it with you up to fifty bucks out of my pocket. I may just shell out anyway and overpay for a mug next time I’m in town.

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