DEP communications w/ Gov. LePage/ME legislators re: layover facility
| Submitted | Sept. 5, 2014 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to the Maine Freedom of Access Act ("FOAA"), I hereby request the following records:
Email communication or records of discussion since March 2014 between the Office of Governor Paul LePage and/or Maine legislators and the Office of the Commissioner of the Maine Department of Environmental Protection regarding the passenger train layover facility in Brunswick proposed by the Northern New England Passenger Rail Authority.
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by 1 M.R.S.A. § 408(6). The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, 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 or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.
Sincerely,
Beryl Lipton
From: Logan, Jessamine
Thank you for your e-mail. I'm out of the office for the rest of the afternoon. If you need to speak with someone immediately, please call Lynn Boutilier at (207) 287-2812.
From: Lani, Andrea
Dear Ms. Lipton:
This email is in response to the above-referenced correspondence requesting access to public records pursuant to Maine's Freedom of Access Act ("FOAA"), 1 M.R.S.A. §§ 401-412, for public records related to communications regarding the Brunswick train layover facility.
Please be aware that producing public records responsive to a FOAA request is often a complex and time-consuming process that has a significant financial impact on the department. In honoring your request, the department will avail itself of Maine's law that authorizes a reasonable fee to cover the cost of copying, as well as a fee of up to $15.00 per hour after the first hour for staff time to retrieve and compile requested documents [1 MRSA § 408 (amendments effective August 30, 2012)]. Also, the FOAA requires that a requestor be informed of the estimated cost of responding to a request if the estimated cost exceeds $30.00. Given the breadth of your request, the Department's initial estimate of the cost to retrieve and compile documents is $60-$90.
Your letter requests that the Department provide you with copies of requested documents. In addition to the cost for retrieving and compiling records quoted above, the Department will charge you twenty-five cents per page for each black-and-white copy (sixty cents per color copy) provided to you in addition to the actual cost of shipping. The Department has no way of estimating this cost prior to the records being compiled.
With respect to your request to waive fees, the Department may approve such a request pursuant to 1 M.R.S.A. § 408(6) when either (1) requester is indigent, or (2) when release of the public records is in the public interest and will likely contribute significantly to public understanding of the operations or activities of government. Based on the information provided, the Department has determined that your request to waive fees does not fit within the waiver provisions of 1 M.R.S.A. § 408(6), therefore your request for a fee waiver is denied.
The Department maintains electronic records on a back-up system for disaster recovery purposes only. Because this information serves no day-to-day business need, the records on this back-up system are not typically analyzed or produced pursuant to a FOAA request. Analysis or production of such information is a labor-intensive and expensive process. If such information is requested, the Department will seek recovery for the actual costs of these services as authorized by the FOAA [1 M.R.S.A. § 408(3)(C)]. Unless you specifically indicate otherwise, we will assume your FOAA request does not seek analysis or production of electronic information that may exist on the disaster recovery back-up system.
Please be advised that any documents that are subject to a privilege, designated as confidential by statute, or otherwise exempt from the definition of "public records" under FOAA, will be withheld from public access.
The records you requested will be sent on or after October 2, 2014. Please feel free to contact me with any questions or concerns.
Sincerely,
Andrea
Andrea Lani
Environmental Specialist
Maine Department of Environmental Protection
SHS 17
Augusta, ME 04333
207.287.5902
andrea.lani@maine.gov<mailto:andrea.lani@maine.gov>
From: Department of Environmental Protection
A cover letter granting the request and outlining any exempted materials, if any.
From: Department of Environmental Protection
A copy of documents responsive to the request.
From: Department of Environmental Protection
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: Department of Environmental Protection
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: Lani, Andrea
Dear Ms. Lipton:
Please be advised that 30 days after the date of this email the Department will consider the above-referenced Freedom of Access (FOA) request closed. If you have any objection to the closing of the FOA, please contact me prior to that date.
Sincerely,
Andrea
Andrea Lani
Environmental Specialist
Maine Department of Environmental Protection
SHS 17
Augusta, ME 04333
207.287.5902
andrea.lani@maine.gov<mailto:andrea.lani@maine.gov>
From: Department of Environmental Protection
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: Department of Environmental Protection
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: MuckRock
To Whom It May Concern:
Please find enclosed a check for $55.25 to satisfy the fee associated with the attached public records request.
Thank you.
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