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FOIL-AO-16638

From: Freeman, Robert (DOS)
Sent: Tuesday, June 26, 2007 10:11 AM
To:
Subject: scanning records, etc.

Dear

I have received your inquiry in which you referred to records that are bound and asked whether they must be copied or scanned. In this regard, it has been advised that when scanning in order to email records involves labor or tasks more substantial than the production of photocopies, an agency is not required to scan the records. However, I believe that an agency is required to photocopy records, even if they are bound. In that instance, as you are likely aware, the City may charge up to twenty-five cents per photocopy up to nine by fourteen inches. Although it may be suggested that an applicant inspect the records, if he or she is willing to pay for copies, I believe that the City is required to do so.

You also referred to a “foiler” who has “refused to pay for and pick up copies which were produced.” It has been advised that an agency may inform the individual that it will not honor any additional or ensuing request until he/she pays the requisite fees for copies.

I hope that I have been of assistance.

Robert J. Freeman
Executive Director
NYS Committee on Open Government
41 State Street
Albany, NY 12231
(518) 474-2518
(518) 474-1927 - fax
www.dos.ny.gov/coog/coogwww.html