Village Attorney Eve Boutsis and Village
Manager Ron Williams have devised a new and improved way to dissuade and
undermined a resident's ability to get access to public information.
Before I
touch on that subject, I would like to thank Councilman Tim Shaffer and
Councilman Patrick Fiore for their time and effort in teaching and explaining
to the Village Manager that if he read and understood the Village Charter and
Florida Statues, he (the Village Manager) would realize there is no legal
argument for refusing me public information I asked for over 30
days ago.
I must admit
I am neither poor nor rich, as Goldilocks would say, I'm just about
right. So when I was given an invoice by the Village Clerk for $700.00,
for the information I requested, I was a little in shock. It's not that
I can't afford the $700.00 but the Florida Statues state:
(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.
If an average
citizen had any inclination to ask for the same information -
which, by the way, should have been readily available since it is basic
financial information that consists of some bank reconciliations and 10 days
of the Village Managers emails - they would be deterred by the financial
obstruction put in place by the Village Manager.
And why
should it be so hard and expensive to share this information in this day and
age. Google gives me a world of email, maps, books, and all sorts of
information for free, but the Village charges me $700 for 10 days of emails
and some bank statements which should be readily available to the public with
the push of a button.
The only
explanation is that the Village Manager's tactic is to charge a lot of money
for public records so that I might go away. Nice try Mr.
Manager.
In case you
were wondering, included in the $700 they billed me was time spent by the
Village Attorney to review emails, time spent by the Village Director, time
spent by the Clerk's assistant, time for the Village Manager's assistant and
so on. The invoice is not exactly legal according to the Florida
Statues, but then again why should the rule of law be taken into
consideration by the Village Manager now when it's never guided him in the
past? A very large portion of the bill is for services by the
same Village Attorney that was admonished by the Council in the last meeting
for questionable billing practices, including over-billing.
And to top it
all off, after months of the Village Manager's delay, obstruction, diversion
and mis-direction to keep the public information I requested out of our
hands, I still won't have everything I asked for in exchange for my $700
payment.
If you think about it, I've actually paid for
this information twice now - once with my tax dollars and now with my
Visa. For a Village and a Mayor who profess to have run on the
platform of "Transparency in Government", we are experiencing
nothing but the opposite at a jacked-up price.
David Singer |
Friday, February 8, 2013
Whose Information is it anyway - Part II
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