Laura N. Vandenberg electronic correspondance
| Submitted | Oct. 14, 2015 |
| Est. Completion | None |
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Communications
From: Mary Mangan
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
Emails to and from Dr. Laura Vandenberg, 2013-2015. All emails to and from Professor Vandenberg containing any of the following; "GMO", "GM", "genetically", "Monsanto", "Stonyfield", "Bronner", "Bt", "Benbrook", "label", "labeling", "Just Label It", "transgenic", "biotech", "biotechnology", "gmolist", "gmolist@googlegroups.com", "Roundup", "endocrine", "herbicide", "insecticide", and/or "glyphosate".
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 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. This effort was inspired by Gary Ruskin of US Right to Know, and by Paul Thacker and Charles Seife based on their entreaty in the Los Angeles Times: http://www.latimes.com/opinion/op-ed/la-oe-0821-seife-thacker-science-transparency-20150821-story.html .
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 the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
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 calendar days, as the statute requires.
Sincerely,
Mary Mangan
From: Laura Vandenberg
TO: Mary Mangan requests@muckrock.com<mailto:requests@muckrock.com>
Subject: Public Records Law Request: Laura N. Vandenberg Electronic Correspondence
Dear Ms. Mangan:
In your email to the University dated October 14, 2015, you requested All emails to and from me containing any of the following; "GMO", "GM", "genetically", "Monsanto", Stonyfield", "Bronner", "Bt", "Benbrook", "label", "labeling", "Just Label It", "transgenic", "biotech", "biotechnology", "gmolist", "gmolist@googlegroups.com<mailto:gmolist@googlegroups.com>", "Roundup", "endocrine", "herbicide", "insecticide", and/or "glyphosate."
The word search has turned up a very high number of emails, implying a very high fee. I am looking into whether the search may have resulted in double counting, so as to reduce the fee to you. I will update you when I have more information.
----------------
Dr. Laura N. Vandenberg, PhD
Assistant Professor
University of Massachusetts – Amherst
School of Public Health & Health Sciences
Department of Environmental Health Science
686 N. Pleasant Street
149B Goessmann
Amherst, MA 01003
lvandenberg@schoolph.umass.edu
From: Laura Vandenberg
TO: Mary Mangan requests@muckrock.com<mailto:requests@muckrock.com>
Subject: Public Records Law Request: Laura N. Vandenberg Electronic Correspondence
Dear Ms. Mangan:
In your email to the University dated October 14, 2015, you requested All emails to and from me containing any of the following; "GMO", "GM", "genetically", "Monsanto", "Stonyfield", "Bronner", "Bt", "Benbrook", "label", "labeling", "Just Label It", "transgenic", "biotech", "biotechnology", "gmolist", "gmolist@googlegroups.com<mailto:gmolist@googlegroups.com>", "Roundup", "endocrine", "herbicide", "insecticide", and/or "glyphosate"
After reviewing my records and consulting with University counsel, it appears that in order to respond to your request, I will need to search for and segregate the records for materials or data relating to student education records; personal data, the disclosure of which may constitute an unwarranted invasion of personal privacy; and records related solely to internal personnel rules and practices of the University. Also, I may need to segregate and redact trade secrets or other proprietary information of the University and of research sponsors and others.
I may withhold these materials as required by the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), the Massachusetts Fair Information Practices Act, G.L. c. 66A, and under exemptions (a), (b), (c), (g), and (u) to Section 7(26) of the Massachusetts General Laws.
In view of the need for the above screening, the Massachusetts Public Records Law, M.G.L. Ch. 66, § 10 permits the University to assess the estimated cost of searching for the requested records and segregating exempt information from non-exempt information. I estimate that the cost of your request will be as follows:
Search and segregation costs:
17,865 emails at 1 minute per email (298 hours) at $55 per hour (my hourly salary):
$16,390
Legal Review of Segregated Materials: 1 hour at $ 60 per hour:
$60
TOTAL
$16,450
Note that this estimate is based on the word search you requested and other reasonable estimates (1 min per email). It is possible that multiple search words occur in a single email, so that total costs could be less than that listed above. Also, I would be happy to recalculate costs if you chose to limit the scope or time period of your request. In the event that actual costs exceed the estimate, I will bill you for the difference. If actual costs are less, I will refund the overpayment. When I receive your check in the amount of $16,450 payable to the University of Massachusetts, I will compile the records responsive to your request.
----------------
Dr. Laura N. Vandenberg, PhD
Assistant Professor
University of Massachusetts – Amherst
School of Public Health & Health Sciences
Department of Environmental Health Science
686 N. Pleasant Street
149B Goessmann
Amherst, MA 01003
lvandenberg@schoolph.umass.edu
From: Mary Mangan
Thank you for the estimate. Unlike Gary Ruskin, though, I am not funded by the food industry players. I request that the fees be waived on this matter of public interest.
Your name was identified in the FOIA documents obtained from the Benbrook investigations, which you may be aware have recently made the New York Times and other media outlets. So clearly there is major public interest in understanding the connections between the food industry and public researchers.
Can you please indicate the appropriate parties in the University counsel office to work with on this? I will also research this in other Massachusetts FOIA requests to see how that might occur.
Mary Mangan
From: Laura Vandenberg
TO: Mary Mangan requests@muckrock.com<mailto:requests@muckrock.com<mailto:requests@muckrock.com%3cmailto:requests@muckrock.com>>
Subject: Public Records Law Request: Laura N. Vandenberg Electronic Correspondence
Dear Ms. Mangan:
I am writing in response to your follow up email dated October 29, 2015.
The University declines to waive fees for your public records request.
The University’s General Counsel is Brian Burke.
Again, if you would like to narrow your request in any way, I will provide a revised estimate.
----------------
Laura N. Vandenberg, PhD
Assistant Professor
University of Massachusetts – Amherst
School of Public Health & Health Sciences
Department of Environmental Health Science
686 N. Pleasant Street
149B Goessmann
Amherst, MA 01003
lvandenberg@schoolph.umass.edu
From: Mary Mangan
Fascinating. The person who keeps the records gets to say whether the fee is waived? Well, this has been a remarkable first foray into public records.
I thank you for illustrating the challenges to this type of request that is widely known to be a problem in Massachusetts. Described here (http://www.bostonglobe.com/opinion/editorials/2015/05/19/public-records-law-subverted-high-fees/alzpmCt4KJYpUix5TFkPIN/story.html), we see this is certainly a barrier to citizens and journalists. And I'm sad to see that UMass is part of this problem. "Charging exorbitant fees for public records is a sign of a broken democracy. "
I understand that there is movement in the state to fix this problem. I guess it's time to become active in that, and tell this story to my legislators.
Perhaps I will withdraw the records request and wait until the new framework is in place. Be sure to save those emails, though. That collection may come in handy the next time.
Mary Mangan, PhD
From: Mary Mangan
I have learned that there is a way to appeal the fees, via the Secretary of State's office. I am investigating this possibility now.
Mary Mangan
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Records Administrator - UMass Amherst
Dear Mary Mangan: In your email dated November 4, 2015, you indicated that you were speaking with the Secretary of State regarding your public records request. UMass has not received any communication from the Supervisor of Records and Professor Vandenberg’s original email is attached for your reference.
Should you wish to revise your request, a new estimate can be produced. If not, the documents you requested will be produced upon receipt of your check.
Regards,
Michelle
From: Mary Mangan
I have contacted the Secretary of State's office with a request for a waiver of fees. The "Citizen Information Service" connected me with this individual:
+++++++++++++++++++
From: Rastellini, Patricia (SEC)
Sent: Tuesday, November 10, 2015 2:05 PM
To: CIS User
Subject: RE: FOIA-type request to a state organization
Good afternoon,
To file an appeal with our office, we need a copy of your original request and a copy of the response you received.
Regards,
Patricia Rastellini, Office Manager
+++++++++++++++++++
I have no idea what to expect on the time frame from them. I pointed them to the exchange in this MuckRock record, so as far as I know they have what they need. We will have to wait for their response.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Brian W. Burke
Dear Ms. Mangan -
At the request of the Supervisor of Public Records Office, I write to revise the University's estimate of the cost to respond to your public records request of October 14, 2015. You had requested all emails to and from Prof. Laura Vandenberg from 2013 through the date of your request containing any of the following; "GMO", "GM", "genetically", "Monsanto", Stonyfield", "Bronner", "Bt", "Benbrook", "label", "labeling", "Just Label It", "transgenic", "biotech", "biotechnology", "gmolist", "gmolist@googlegroups.com<mailto:gmolist@googlegroups.com>", "Roundup", "endocrine", "herbicide", "insecticide", and/or "glyphosate."
The University had responded with an estimate of $16,450 for the search. You appealed that fee to the Supervisor of Public Records.
Following an exchange of ideas with the Supervisor's Office, Professor Vandenberg has been able to perform a Boolean search of her Outlook files, and estimates that with an IT assist, she may be able to reduce the number of emails within the scope of your request from 17865 to 10,700. We had estimated that with the segregation involved and a fairly large quantity of documents that would be categorically immune from production, we could average the search to 1 minute per email.
However, during the pendency of your appeal with the Supervisor's Office, the Massachusetts Supreme Judicial Court has held in Champa v. Weston Public Schools et al., 473 Mass. 86 (2015) that a student education record may no longer be withheld in its entirety; rather, it must be redacted to remove identifying information and the public portions released. This is a much more labor-intensive process involving considerable redaction and legal work. Professor Vandenberg has estimated that between 10% and 15% of the documents you request are student education records. These must be segregated and redacted. Using a midpoint of 12.5%, this comes to 1,338 records. As Prof. Vandenberg does not have an administrative assistant, we would propose to hire a temporary employee from a state temporary services contract to perform this work. The University's contract with Johnson and Hill gives a range is $17-23.89 per hour for a legal administrative assistant, which we view as necessary for the level of confidentiality involved. A midpoint rate for the purpose of this estimate is $20.50 per hour. This may not be the actual rate of the person we would hire.
As Professor Vandenberg wrote earlier, in order to respond to your request, she will need to search for and segregate the records for materials or data relating to student education records; personal data, the disclosure of which may constitute an unwarranted invasion of personal privacy; and records related solely to internal personnel rules and practices of the University. Also, she may need to segregate and redact trade secrets or other proprietary information of the University and of research sponsors and others. The University may withhold these materials as required by the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and the Massachusetts Fair Information Practices Act, G.L. c. 66A, and as permitted under exemptions (a), (b), (c), (g), and (u) to Section 7(26) of the Massachusetts General Laws.
In view of the need for the above screening, the Massachusetts Public Records Law, G.L. c. 66, § 10 permits the University to assess the estimated cost of searching for the requested records and segregating exempt information from non-exempt information. I have re-calculated the University's estimate of the cost of your request as follows:
Search and segregation costs:
IT analysis of 17, 865 emails to reduce duplication (15 hours at $75 per hour)
10,700 emails at 1 minute per email (178 hours) at $55 per hour (Prof. Vandenberg's hourly salary):
Redaction of 1,338 Student Education Records at 5 minutes per email (112 hours) at $20.50 per hour;
$1,125
$9,790
$2,296
Legal Review of Segregated Materials: 3 hours at $ 49.75 per hour:
$149
TOTAL
$13,360
As noted above, this is an estimate based on a number of assumptions. In the event that actual costs exceed the estimate, the University will bill you for the difference. If actual costs are less, we will refund the overpayment. When I receive your check in the amount of $13,360 payable to the University of Massachusetts, we will begin to compile the records responsive to your request.
Again, this estimate is based on the word search you requested. The University would be happy to recalculate costs if you chose to limit the scope or time period of your request.
Brian W. Burke
Senior Counsel - Amherst
Office of the General Counsel
University of Massachusetts Amherst
309 Whitmore Administration Building
Amherst, MA 01003
Phone: (413) 545-2204
FAX: (413) 545-3138
e-mail: bwburke@umass.edu<mailto:bwburke@external.umass.edu>
From: Mary Mangan
Thanks for the information, Mr. Burke. I will consider the options now. I'll also be contacting that guy from the Boston Globe who follows the state FOIA issues for advice. This has been an absolutely fascinating process.
From: Mary Mangan
As we approach the end of the 90-day period specified in the Secretary of State's hard-copy letter sent to me, it does not appear that the state law will be altered to make public records more accessible to the public. So I will have to revise this request, and ask for a new estimate of the charges. I will continue to follow changes to the legislation and hope to revisit this in full in the future.
For now, I would like to have a recalculation of the costs based on a search for the emails containing: "Benbrook" or "Roundup" or "glyphosate" or "GMO".
Thank you.
Mary Mangan
From: Records Administrator - UMass Amherst
Dear Ms. Mangan:
In your email to the University dated April 3, 2016, you requested emails to and from Dr. Laura Vandenberg containing any of the following: "Benbrook" or "Roundup" or "glyphosate" or "GMO".
It appears that in order to respond to your request, we will need to search for and segregate the records for materials or data relating to student education records; personal data, the disclosure of which may constitute an unwarranted invasion of personal privacy; and records related solely to internal personnel rules and practices of the University. Also, we may need to segregate and redact trade secrets or other proprietary information of the University and of research sponsors and others.
We may withhold these materials as required by the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), the Massachusetts Fair Information Practices Act, G.L. c. 66A, and under exemptions (a), (b), (c), (g), and (u) to Section 7(26) of the Massachusetts General Laws.
In view of the need for the above screening, the Massachusetts Public Records Law, M.G.L. Ch. 66, § 10 permits the University to assess the estimated cost of searching for the requested records and segregating exempt information from non-exempt information. I estimate that the cost of your request will be as follows:
Search and segregation costs:
1,915 emails at 1 minute per email (32 hours) at $55 per hour (Prof. Vandenberg’s hourly rate): $1755
Legal Review of Segregated Materials: 1 hour at $ 60 per hour: $60
TOTAL
$2264.50
Note that this estimate is based on the word search you requested and other reasonable estimates (1 min per email). It is possible that multiple search words occur in a single email, so that total costs could be less than that listed above. In the event that actual costs exceed the estimate, I will bill you for the difference. If actual costs are less, I will refund the overpayment. When I receive your check in the amount stated above, payable to the University of Massachusetts, I will compile the records responsive to your request.
Sincerely,
Michelle
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