A student at Grand Valley State University in Allendale, Michigan, recently filed a Freedom of Information Act request. He was trying to get access to documents related to an ongoing investigation at the school that he’s involved in.
Instead of those documents, he was hit with a $84,000 bill. To get the records, he’ll have to pay up.
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Carrie Uthe, the student’s mother, spoke to reporters on her son’s behalf. They believe the school is using the bill to prevent her son from accessing the records.
“I feel like we’re fighting the school that’s fighting us … and it’s just not fair,” Uthe told 13 On Your Side reporters.
FOIA bills not normally so large
The Freedom of Information Act (FOIA) is a law that allows the public to request access to records from federal agencies to promote transparency in government operations. For example, a journalist might submit a FOIA request to gain access to internal emails from the Environmental Protection Agency (EPA) to understand how decisions were made to approve a new pesticide.
While there are no fees to submit a FOIA request, the act does provide for “certain types of fees in some instances.” Typically, the agency charges for the time it takes to search their records. According to the United States Department of Justice, there’s generally no fee for the first 2 hours of search time or the first 100 pages of duplication.
When reporters reached out to the school for comment, Grand Valley told 13 On Your Side it used its normal process for calculating the FOIA fee. In a prepared statement, it explained that the request is “very broad” and would involve having to get a “qualified employee” to sift through more than 59,000 emails to redact protected and personal information.
Still, Mike Walsh, an attorney and adjunct faculty member at GVSU (who’s not involved with the case), told 13 On Your Side he’s never seen a bill that large.
“Government agencies have a right to charge for their time and service to provide records,” Walsh said. “But the whole spirit of the law is to open things up, to share records with the true owners, which is you and me.”
According to the U.S. Department of Health and Human Services, “[FOIA] search fees usually range from about $23 to $83 per hour, depending upon the salary levels of the personnel needed for the search.”
Assuming GVSU uses a similar pricing model, that would mean they’re estimating the search for Uthe’s son will take more than 1,012 hours, or 25.3 40-hour work weeks, at the highest salary range.
Uthe says her son sent an email requesting a more modest fee and for an explanation of how GVSU calculated the fee, but had yet to receive a response.
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Avoid getting your own shocking FOIA bill
When sending FOIA requests, Walsh says it’s important to be specific. Be precise on dates and keep your search terms narrow. In his experience, huge bills can sometimes be the result of vague or unclear requests.
If you’re surprised by the scope of your request, Walsh also suggests asking to sit down with a clerical worker and figure out which documents are necessary and which are not. This could lower the search time and reduce FOIA request costs.
According to the FOIA.gov website, if an agency estimates the fees for processing a FOIA request will exceed $25, it must notify you in writing. This gives you an opportunity to narrow the scope of the request even further.
Requesters may also ask the fees be waived, though fee waivers are limited. If the request shows the disclosure of records is likely to significantly contribute to public understanding of operations, it may be approved. However, the site also clarifies that individuals seeking records about themselves, like Uthe’s son, are unlikely to be approved.
To avoid hefty FOIA fees, it’s important to submit a specific request that clearly outlines the exact documents needed and over what time period. Additionally, working directly with the agency to refine the request or exploring fee waiver options can help minimize FOIA request costs.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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