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FOIL-AO-17470

From:   Freeman, Robert (DOS)
Sent:    Tuesday, December 23, 2008 11:09 AM
To:      

Subject:          
RE: Try this

Hi - -

It’s clear that you requested copies, but you didn’t specify how you wanted them.  A new provision in FOIL, §87(5)(a), states in part that “An agency shall provide records on the medium requested by a person, if the agency can reasonably make such copy or have such copy made by engaging an outside professional service”. 

Insofar as the records are maintained electronically, you could ask they be transferred to an electronic storage medium, i.e., a tape or disk. In that event, the fee would be based on the actual cost of reproduction, and if it would take less than two hours to do so, the fee would involve only the cost of the tape or disk.  If more than two hours would be needed, the charge would be based on the hourly salary of the lowest paid employee able to do the job, plus the cost of the storage medium.   If they can be emailed, there would be no charge, because they wouldn’t be reproduced.  If the only means of reproducing the records involves photocopying, as you know, the City could charge up to 25 cents per photocopy.

Hope this helps, and have a great holiday!

Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone: (518)474-2518
Fax: (518)474-1927
Website: www.dos.ny.gov/coog/coogwww.html