Wisconsin Animal Educational Network |
March 24, 2000
Dear Mr. Doyle:
I am appealing the decision of the City of Fond du Lac Parks and Recreation and the City Clerk to not consider my request for a waiver or reduced fees for copies of public records that are in the public interest under 1.11(4)(f)8 of Fond du Lac ordinance and Sec. 19.35(3)(e), Stats.(1)
The Parks and Recreation Department, Mr. John Kiefer, Superintendent, provided me copies of documents on the Fond du Lac Canada goose issue, but in response to my request for a waiver(2) of the fees, said "I can�t do that." I reminded him that Wisconsin law allows him to do that. He refused. I paid the requested fee of $9.25 for 37 copies under protest. The private sector charges seven cents a copy for providing the same service or $2.59.
The City Clerk staff, (3/20/00) although appearing at first to provide me courtesy copies of City Council minutes and a resolution on the Canada goose kill has informed me that the charge was $6.25 for 25 copies. At Kinkos, the charge would have been $1.75. She refused to consider my request for a waiver under Fond du Lac ordinances and state law. (A copy of my notes to file is attached regarding my interaction with the City Clerk's office for your information.)(3) My e- mail communication with Ms. Hochrein is attached.(4)
In light of
the irresponsible appropriation of funding for killing Canada geese in Fond du Lac,
the laundering of state grant funds back to the DNR and
with no documentation on file that demonstrates that the measures funded would be effective in reducing the goose poop on the parks, and
outrageous and unfounded claims by USDA Animal Damage Control and the Parks Superintendent in the public hearing,
the City Council was railroaded into allocating funds to kill geese before a site visit and study had been conducted and the Environmental Impact Statement completed, it is ironic that the City forces citizens to pay exorbitant - indeed any fees in order to get the facts of the case.
Inasmuch as there was opposition to the goose kill plan at the public hearing, it would appear inappropriate to charge high fees when this is a matter of public interest.
While Wisconsin law allows the maximum charge of $.25 per page for photocopy (outrageous in itself), the City must consider my request and give me a reason why it is denying my request. Wisconsin Statutes and Fond du Lac ordinance state that the custodian of records "may" waive or reduce fees if providing records is in the public interest, the City cannot make a rule that the waiver or reduced fee is never given. The City violated the law by "never waivered (sic!) the charge for copies" (see e-mail from the City Clerk; also Mr. Kiefer's refusal to consider).
So there are two issues here that need to be resolved, I would hope, in the favor of citizen involvement in government as opposed to bureaucrats exploiting citizen interest in government in to raise funds.
It appears that the City has an invisible rule (in violation of Wisconsin Statutes) that in effect discourages citizens from reviewing the decisions of its officials which is the purpose of the federal and state Freedom of Information Act. Twenty-five cents a copy, however "perfectly legal", is a disincentive to citizen participation in the democratic process and outrageous compared current commercial practice.
The City of Fond du Lac must consider whether this is a matter of public interest and give a reason if denied. If it is public interest, they must consider whether they will or will not provide a waiver or reduced cost and justify it to the requester. The City cannot simply make a new law that says "everybody must pay for photocopies".
The City should justify why it costs them $.25 per page photocopy (separate from any search charges, not relevant in this case). The City may not charge more than "actual, necessary and direct cost of reproduction." (1.11 (4)(f)1).
I am requesting a reimbursement of the fees from City Parks and Recreation, and a waiver of the fees from the City Clerk's office.
I ask you to bring the practice of excessive charges on public records to the legislature in an attempt to restore more citizen friendly government.
Sincerely,
Ann Frisch, Ph.D.
President Wisconsin Animal Educational Network
National Coordinator, Coalition to Protect Canada Geese
(1) Wisconsin Statutes
3) Fees.
19.35(3)(a)
(a) An authority may impose a fee upon the requester of a copy of a record which may not exceed the actual, necessary and direct cost of reproduction and transcription of the record, unless a fee is otherwise specifically established or authorized to be established by law.19.35(3)(c)
(c) Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 or more.19.35(3)(e)
(e) An authority may provide copies of a record without charge or at a reduced charge where the authority determines that waiver or reduction of the fee is in the public interest.
(2) A copy of my written request for a waiver dated 3/21/00 is available on request.
(3) NOTES TO FILE: 21 March 2000
I went to the City Clerk's office today around 1 p.m. to clarify the difference between the two sets of minutes for the Park and Recreation Board Feb. 28, 2000. Sue and Betty explained this to me. One is the meeting minutes; the other is a report on "other business", special session for a hearing on the Canada goose issue. Although identical in some respects, they have a different function.
I asked to see a copy of the Fond du Lac ordinance regarding public records. The number that Mr. Kiefer cited on his receipt for the Park and Recreation Records was #1978. They said there was no number 1978. I showed them my receipt. They said that would be the old ordinance, since replaced. I asked for a copy of the correct ordinance. It is 1.11 (4). I said I needed the number because Mr. Kiefer had not given me a reason for not providing the waiver. I wanted to read the ordinance myself and then request a written explanation of his refusal.
Then Sue said she would have to charge me for the minutes. I was surprised. She said that when they provided copies to me yesterday, they were not free. When I was handed the file yesterday, nothing was said about a cost, so I left, assuming it was a courtesy copy of the minutes pursuant to my meeting with the City Manager Steve Neonen. So today when they said that they had not intended to give it to me without charge, I was surprised. They would be charging me $.25 per page.
By then I had a copy of the correct ordinance. Betty and I agreed that it would be appropriate for me to file a written request for a waiver. She also suggested that I add my university affiliation since I am a professor at the University of Wisconsin Oshkosh. Since I am on sabbatical studying activism and information for public service, information about requesting waivers and filing appeals is relevant knowledge and skill for me to have for my students. She took the written request and the entire folder and took it back and photocopied everything. She brought it back to me. I agreed to pay the fee should the clerk determine that I was not eligible for a waiver of fees. I left my e mail address so that she could notify me of her decision on my waiver request.
(4) E-mail correspondence with Ms. Hochrein
Subj: Copies
Date: 3/21/00 1:34:05 PM Pacific Standard Time
From: [email protected] (Tess Hochrein)
To: [email protected]Ann, the cost for your copies and I did not include the excerpts of the same meeting Feb 28, 2000 is $6.25. 25 copies x .25 cents.
According to WI Stats 19.35, we can require prepayment by a requester of any fees imposed, if the total amount exceeds $5.00.
You can make a check out to the "City of Fond du Lac" and mail it to P O Box 150, Fond du Lac WI 54936-0150.
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Subj: Re: Copies
Date: 3/21/00 2:41:54 PM Pacific Standard Time
From: AFrisch276
To: [email protected]May I ask on what basis you are denying my request for a waiver? Thank you. Ann Frisch
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Subj: Re: Copies
Date: 3/22/00 6:14:17 AM Pacific Standard Time
From: [email protected] (Tess Hochrein)
To: [email protected]Ann, we have never waivered a charge for copies, everybody pays for copies. The City Attorney wants to know if you are acting on behalf of yourself or UW-O. We want to know who to take to court.
Tess Hochrein CMC/AAE
City Clerk
P O Box 150
City of Fond du Lac, WI 54936-0150
920-929-3253 (Office)
920-929-7515 (Fax)
Pop 41,353
E-Mail [email protected]************************
Subj: Re: Copies
Date: 3/22/00 6:49:13 AM Pacific Standard Time
From: AFrisch276
To: [email protected]Why are you taking anyone to court? Ann
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Subj: Re: Copies
Date: 3/22/00 6:55:12 AM Pacific Standard Time
From: [email protected] (Tess Hochrein)
To: [email protected]You took copies that did not belong to you, until you pay for them they are not yours.
Tess Hochrein CMC/AAE
City Clerk
P O Box 150
City of Fond du Lac, WI 54936-0150
920-929-3253 (Office)
920-929-7515 (Fax)
Pop 41,353
E-Mail [email protected]