Open Government Ain’t Free
November 27th, 2007 at 2:32 pm
We reported earlier this month on Milwaukee’s John Washburn’s automatically generated open records requests for the emails sent to and received by Gov. Rick Perry’s office. Yesterday, we noted that Perry has sent Washburn a bill (actually an estimate) for $568.
That covers the first half-a-week’s worth of emails. The emails for a whole month will cost Washburn a whopping $2,300 or more. We also promised to relay what exactly Perry’s spokesman says will cost so much.
Robert Black told me, as the “itemization” of the estimate details, staff time is indeed the chief cost element. The office’s letter to Washburn states that $472.50 of the cost will be incurred by 31.5 hours of staff time (at $15 per hour) required to comply with the request. Another $94.50 is listed as “Overhead at 20% of staff charge.” Then there’s the $1 cost for the CD.
Black says every staff member will have to spend time printing, preparing the emails for clearance through office counsel, and getting the emails ready eventually for copying to CD.
“Every staff member has to stop what they’re doing, and save it, and print those off, and send it over to general counsel,” Black said. “We haven’t gotten to the copying part yet.”
Black said it was the governor’s intent to abide by Texas’ open government laws, and despite my goading, he could not be made to even grumble about the nature of the request, or the fact that it was being made by someone out of state who was apparently doing it simply because he was offended by the fact that the emails were being regularly deleted.
“It’s the law,” Black said. “We are all for open government and government in the sunshine.”
Black added that the governor’s records retention policy has been approved by the Texas State Library and Archives Commission and that the former policy of deleting emails after seven days was not resulting in the destruction of pertinent records.
“It’s important for people to understand that email is not a filing system,” Black said. “Information that is required to be saved is being saved. It’s like saying we’re not saving every post-it note.”
He said, for now, the governor’s office will be working on getting Washburn the information he has requested.
“It certainly takes up a lot of their time,” Black said. “But it’s the law, and we’re going to comply with the law.”
Black said Washburn has a few options, including paying the $568 and awaiting the next bill and the emails on CD. Or he can narrow his request, which has been suggested several times by the governor’s office, and he has so far refused. Or Washburn can complain about the cost estimate to the Texas attorney general.
An email from Washburn early Tuesday indicated he has sent a complaint to AG Greg Abbott’s office about the staff time and overhead charges. He also sent Perry a check for $2.
November 27th, 2007 at 8:35 pm
I wonder if there is anything in the Texas Open Records Act which requires a PAPER copy of a record. Why couldn’t the Gov’s office send electronic copies of the Gov’s electronic emails to Mr. Washburn?
In fact, the Gov could just cc Mr. Washburn on all of the Gov’s emails, and save a huge amount of time and money.
November 27th, 2007 at 10:59 pm
NO there is nothing in the Texas Public Information Act which requires printing anything. My requests were specifically DESIGNED to not interfer with the staff as the emails requested are on the SERVER.
I asked for electronic records and intend to recieve electronic records. I will not narrow my request. I want those records quite badly.
It has been my experience the records the officials are most anxious to have you ignore are the rocords which are most interesting to view.
I am now deeply curious what is in those emails they are so interested having my ignore by blindly narrowing my request.