—– Original Message —–
From: “Lisa Thornton” <[email protected]>
To: “diane dietz” <[email protected]>Sent: Tuesday, September 18, 2012 5:17:08 PM GMT -08:00 US/Canada Pacific
Subject: Public Records Request 2013-PRR-036
09/18/2012
Dear Ms. Dietz:
On 9/10/12 the office provided you with some records responsive to your request for “documents, emails, etc. pertaining to ‘Berwick’ and the ‘EMU’ or ‘Naming Rights’ and the ‘EMU’. We also informed you that we were expecting additonal documents that would be responsive to your request. The office has received the additional documents, however they will require legal review. As such, the office estimates the actual cost of responding to your request to be $172.21. 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.
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.
From: Diane Dietz [mailto:[email protected]] Sent: Wednesday, September 19, 2012 10:06 AM
To: Lisa Thornton
Subject: Re: Public Records Request 2013-PRR-036
Lisa,
We are going to ask for a waiver for the balance of the fee based on the public interest in the information. We are a newspaper that service the public. We have ample ability to disseminate the information. The public has a high level of interest in the functioning of the university.
From the Attorney General’s manual:
The custodian of any public record may furnish copies
without charge or at a substantially reduced fee if the custodian
determines that the waiver or reduction of fees is in the public
interest because making the record available primarily benefits the
general public. …
ORS 192.440(5) does not require a public body to grant a fee waiver or
reduction, even if the public interest test is met.73 Instead, the decision to
waive or reduce fees is discretionary with the public body, although it mustact reasonably.74 The Oregon Court of Appeals has said that reasonableness
is “an objective standard,” which requires examination of “the totality of the
circumstances presented.”75 Requests for a fee waiver or reduction must be
evaluated on a case-by-case basis.
We believe that the university does not act reasonably when it denies all — or almost all — public interest fee waiver requests.
Please reconsider our waiver request and conduct the information to us as soon as practicable.
Thank you,
Diane Dietz
Reporter
The Register-Guard
541-338-2376
—– Original Message —–
From: “Office of Public Records” <[email protected]>
To: “diane dietz” <[email protected]>Sent: Wednesday, September 19, 2012 4:15:03 PM GMT -08:00 US/Canada Pacific
Subject: RE: Public Records Request 2013-PRR-036
Dear Ms. Dietz-
In recognition of the role that the media plays in representing the public interest, the office has already applied a 20% fee reduction to your request.
In order to consider granting either a further fee reduction or complete fee waiver I must ask you to further detail how receiving this information primarily benefits the public. It is not enough for the public to be ‘interested’ in a topic, instead the information must primarily benefit the general public. The Attorney General’s 2011 Public Records and Meetings Manual states “a matter or action ‘primarily benefits the public’*** when its most important or significant utility or advantages accrues to the public… ‘when the furnishing of the record has utility – indeed its greatest utility – to the community or society as a whole’” (pg 18). The reasoning that “the public has a high level of interest in the functioning of the university” is not sufficient to pass the public interest test.
Please do not hesitate to contact the office if you have any questions.
Sincerely,
Lisa
Lisa Thornton
Office of Public Records
6207 University of Oregon
Eugene, OR 97403-6207
(541)346-6823
[email protected]
From: Diane Dietz [mailto:diane.dietz@registerguard.com]
Sent: Friday, September 21, 2012 11:49 AM
To: Office of Public Records
Subject: Re: Public Records Request 2013-PRR-036
Hi Lisa,
Her is why receiving the requested information would benefit the public:
A free press that serves as a watchdog of government agencies has long been acknowledged in our country to deeply benefit the public. Law and custom recognized that for the watchdog role to function, the press must have access to governmental records — thus we have the Federal Freedom of Information Act and the Oregon Public Records law. In this specific instance, I expect the records to provide a foundation for a news story that will describe to the university community and to the public at large how decisions were made regarding a public building on a public campus. The story will help the public make decisions with regard to its government. Is there any greater public interest in a Democracy?
If this is not sufficient, please let me know what you would consider sufficient.
Thanks,
Diane
From: “Office of Public Records” <[email protected]>
To: “Diane Dietz” <[email protected]>Cc: “David Hubin” <[email protected]>
Sent: Wednesday, September 26, 2012 3:47:09 PM GMT -08:00 US/Canada Pacific
Subject: RE: Public Records Request 2013-PRR-036
9/26/2012
Dear Ms. Dietz-
Thank you for further detailing the basis for your fee waiver. Each fee waiver petition is considered separately and further details for justification are helpful. The office has determined that a fee waiver, or further fee reduction, is not warranted in this instance. Therefore, the office will not waive any fees beyond the 20% discount previously applied to your request.
To determine whether or not the request merited a fee waiver or reduction, the office conducted a three part public interest test.
First, the office considered the character of the public interest in the particular disclosure. The office acknowledges that information regarding how the University makes decisions regarding a public building, on a public campus, can primarily benefit the public at large. However, in this instance, the benefit to the public in knowing how these decisions are made is not sufficient to justify directing University funds away from its primary mission of education.
Secondly, the office considered the extent to which the fee impeded the public interest. The Register Guard is a large publication, and the office found it unlikely that the additional fee of $172.21 would unduly burden the organization.
Thirdly, the office considered the extent to which a waiver would burden the public body. In this instance, the documents require review by the Office of the General Counsel. Asking General Counsel to dedicate their limited resources to this request, without compensation, places an undue burden on their office.
Upon receipt of a check, made payable to the University of Oregon, in the amount of $172.21, 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.
Thank you for contacting the office with your request.
Sincerely,
Lisa
Lisa Thornton
Public Records Officer
University of Oregon
Office of the President
6207 University of Oregon
Eugene, OR 97403-6207
(541)346-6823
[email protected]