Milwaukee County Sheriff Travel Expenses

Russel Neiss filed this request with the Milwaukee County Sheriff of Milwaukee County, WI .
Est. Completion Aug. 26, 2016
Status
Withdrawn

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: 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: 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

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