Sen. Marble Colorado Open Records Law Request

Matt Kasper filed this request with the Office of Sen. Vicki Marble of Colorado.

It is a clone of this request.

Status
Completed

Communications

From: Matt Kasper

Senator Marble,

Pursuant to the Colorado Open Records Act, I hereby request the following records:

All electronic communications with the following terms "HB 1227" or "demand-side management" or "efficiency" or "utility" or "i2i.org". The timeframe of this request is between March 6, 2017 and May 10, 2017.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest. The organization I work for, the Energy and Policy Institute, is a clearinghouse of information and can qualify as a representative of the news media. There are several examples of public record requests that have been provided to my organization and that were then published on our website to inform the public. And this information is not being sought for commercial purposes.

If I am denied the fee waiver I understand that the Law permits a public body to charge a reasonable copying fee not to exceed the actual cost of reproduction and not including the costs of any search or review of the records.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Matt Kasper

From: Kate Meyer

Mr. Kasper, in my below reply to your four 5/10/2017 Colorado Open Records
Act (CORA) requests, I neglected to cc two of four Muckrock email
addresses from which your requests were made. (The two omitted email
addresses pertained to Senator Marble and Senator Cooke.) Apologies for
the oversight. With this email, all four of the Muckrock accounts used to
submit your 5/10/2017 CORA requests have now been sent our consolidated
response (attached below).

Thanks again,
Kate

----- Forwarded by Kate Meyer/CLICS on 05/15/2017 03:28 PM -----

From: Kate Meyer

Dear Mr. Kasper:

It was nice speaking with you yesterday. As we discussed, we are in
receipt of your payment for the administrative search-and-retrieval fee in
connection with the May 10, 2017, Colorado Open Records Act ("CORA")
requests to Senators Randy Baumgardner, Jerry Sonnenberg, Vicki Marble,
and John Cooke.

To follow up on the status update in the voicemail I left you earlier this
afternoon:

We are currently reviewing Senator Sonnenberg's records and will provide
them to you as soon as possible.

Senator Cooke has commenced retrieving records in response to the request,
but it appears that his initial estimate for the time needed to retrieve
and review records was insufficient. We are reviewing and will be
providing the public records retrieved thus far (i.e., those retrieved
after the preliminary time estimate of 1.16 hours), but Senator Cooke
estimates that one additional hour of time will be required to retrieve
and review the remaining records. If you wish to have Senator Cooke
proceed with the retrieval of the remainder of the documents, please remit
payment of $30 to this office (once again, if by check, please make the
check out to State of Colorado). Upon receipt of that payment, Senator
Cooke will be notified and will review and retrieve the remaining records.

Senators Baumgardner and Marble and their staff members are currently
unavailable as it is the legislative interim and their offices are closed.
Under II.D.3. of the Policies, Senators Baumgardner and Marble will need
more time to produce the records responsive to your request. We anticipate
that Senator Baumgardner's office will be able to provide the public
records to you next week and that Senator Marble's office will be able to
provide the public records to you during the week of June 5, 2017.

Please call or email me with any questions or concerns.

Thank you very much,
Kate
Kate Meyer
Senior Attorney
Office of Legislative Legal Services
State Capitol, Room 091
200 East Colfax Avenue
Denver, CO 80203
Direct Tel.: (303) 866-4348
Mobile (text): (720) 363-1597

From: Kate Meyer

Hi, Matt-

Attached are the documents in response to your May 10, 2017, "Colorado
Open Records Act" request to Senator Vicki Marble.

Thanks so much,
Kate
Kate Meyer
Senior Attorney
Office of Legislative Legal Services
State Capitol, Room 091
200 East Colfax Avenue
Denver, CO 80203
Direct Tel.: (303) 866-4348
Mobile (text): (720) 363-1597

From: Kate Meyer

Hi, Matt-

To follow up on the voicemails I left you last week and this morning, I'm
writing in regard to your May 10, 2017, "Colorado Open Records Act"
requests to four Colorado State Senators. I still need direction from you
regarding two of the requests.

Status update of your four requests:
Senator Jerry Sonnenberg: Records emailed to you on June 9, 2017. (Request
complete)
Senator Vicki Marble: Records emailed to you on June 22, 2017. (Request
complete)
Senator Randy Baumgardner: Records emailed to you on June 13, 2017. ***SEE
BELOW.
Senator John Cooke: Records emailed to you on June 6, 2017. ***SEE BELOW.

***DIRECTION NEEDED:
Refund of initial fee paid (Baumgardner)? As you know, for the Baumgardner
request, the actual time spent to review and retrieve the records in this
matter fell below the original estimate. Specifically, the initial
estimate was 11.25 hours (and a resulting fee of $307.50). The actual time
spent was 9.5 hours. Accordingly, you are owed a refund of $52.50 for the
difference of 1.75 hours. As we previously discussed, you may wish to
apply this refund to the supplemental fee required to review and retrieve
the remaining document in your similar CORA request to Senator John Cooke,
If you do, in fact, wish to proceed with obtaining those documents. Unless
you let me know otherwise by COB tomorrow, June 23, 2017, we will mail you
a check in the amount of $52.50 for the refund due to you in this matter.
Additional documents/supplemental fee required (Cooke)? As you are aware,
the initial estimate for the Cooke documents was much lower than the time
that will be necessary to retrieve and review all of the documents that
may be responsive to your request. You have already received documents
covered by the amount of your initial fee payment (i.e., $4.80, or 70
minutes' worth of research and retrieval). The amount of time estimated to
retrieve and review the remaining documents is an additional 8.3 hours,
which results in a supplemental fee of $249.00. (If you timely elect to
apply your Baumgardner refund to this amount, the total you need to pay is
$196.50. But again, you need to let me know by COB tomorrow if this is how
you want to move forward.) If we do not receive the applicable payment for
the remaining documents in the Cooke request by Friday, July 14th, 2017,
we will consider this matter closed.

Please call or email me at your earliest convenience to discuss;
otherwise, we will proceed as described above.

Thanks so much,
Kate
Kate Meyer
Senior Attorney
Office of Legislative Legal Services
State Capitol, Room 091
200 East Colfax Avenue
Denver, CO 80203
Direct Tel.: (303) 866-4348
Mobile (text): (720) 363-1597

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