Milwaukee County Sheriff Travel Expenses
| Submitted | July 22, 2016 |
| Est. Completion | Aug. 26, 2016 |
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Communications
From: Russel Neiss
To Whom It May Concern:
Pursuant to Wisconsin's Open Records act, I hereby request the following records:
All travel expense records for Sheriff David Clarke from Jan. 1 2016 - Present. This includes any copies of receipts or public credit card statements filed as part of the report, with sensitive date removed.
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 or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.
Sincerely,
Russel Neiss
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 July 22, 2016. 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: Trimboli, Catherine
Mr. Neiss,
We are in receipt of your request. We have contacted our Fiscal Division for an estimate as to charges to conduct the searches. Costs of a computer run may be imposed on a requester as a copying fee. (Wis. Stat. § 19.35(1) (e) and (3) (a); 72 Op. Att'y Gen. 68, 70 (1983). An authority may charge a requester for any computer programming expenses required to respond to a request. WIREdata II, 2008WI 69, ¶ 107, 310 Wis. 2d 397, ¶ 107, 751 N.W.2d 736, ¶ 107. Further, an authority may require prepayment of any fees if the total amount exceeds $5.00. (Wis. Stat. § 19.35(3) (f).
We will contact you when we receive the cost estimate.
Please contact me if you have any questions.
Catherine Trimboli, Captain
Milwaukee County Sheriff's Office
Administration
Open Records Custodian
Room 107 - Safety Building
From: MuckRock.com
To Whom It May Concern:
I'm following up on the following Open Records request, copied below, and originally submitted on July 22, 2016. You had previously indicated that it would be completed on Aug. 26, 2016. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Graham, Amber
The Open Records Unit of the Milwaukee County Sheriff's Office has received your request, assigning it our agency file #16-88679. We will process your request in the order it was received.
Thank you,
Amber Graham
Correctional Officer
Milwaukee Co. Sheriff's Office
Open Records Unit
414-278-4091
From: Trimboli, Catherine
Mr. Neiss,
As I previously mentioned, we had to have the Fiscal Division express any costs for a computer run for the timeframe and subject matter. Costs of a computer run may be imposed on a requester as a copying fee. (Wis. Stat. § 19.35(1) (e) and (3) (a); 72 Op. Att'y Gen. 68, 70 (1983). An authority may charge a requester for any computer programming expenses required to respond to a request. WIREdata II, 2008WI 69, ¶ 107, 310 Wis. 2d 397, ¶ 107, 751 N.W.2d 736, ¶ 107. Further, an authority may require prepayment of any fees if the total amount exceeds $5.00. (Wis. Stat. § 19.35(3) (f).
In response, Public Safety Fiscal Analyst (Howard Felix) estimates the results of this the search as taking approximately 1 hour to perform/assemble, with an estimate cost of $54.99. This amount would be prior to copying fees, if such per page fees are warranted after the records are delivered to the Sheriff's Office.
Under Wis Stats, an authority may require prepayment of any fees if the total amount exceeds $5.00. Wis. Stat. § 19.35(3)(f). We would require that pre-payment.
How do you wish to proceed?
Catherine Trimboli, Captain
Milwaukee County Sheriff's Office
Administration
Open Records Custodian
Room 107 - Safety Building
From: Russel Neiss
Dear Captain Trimboli,
Can you please let me know how that fee was calculated?
Thank you,
Russel Neiss
From: Trimboli, Catherine
Mr. Neiss,
The estimate is based on labor hours at the hourly rate of pay with benefits.
Catherine Trimboli, Captain
Milwaukee County Sheriff’s Office
Administration
Open Records Custodian
Room 107 – Safety Building
From: Russel Neiss
Captain Trimboli,
Again, thank you for your prompt response. Just to clarify once again, the $54.99 is then for one hours worth of work? It's my understanding that Wisconsin DOJ guidelines suggest that the rate for an actual, necessary, and direct charge for staff time should be based on the pay rate of the lowest paid employee capable of performing the task. Is that the case here?
Thank you so much.
From: Trimboli, Catherine
Yes, you are correct and yes, that is the case.
Catherine Trimboli, Captain
Milwaukee County Sheriff’s Office
Administration
Open Records Custodian
Room 107 – Safety Building
Files
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