My response

Dear Mr. Dupuis;

I must admit to having been taken aback at the cost of the copying for this request. While I was initially willing to pay what I thought would be a reasonable fee for the copies, the quoted cost of approximately $864 is prohibitive.

Consequently, I researched the provisions of the Freedom of Information Act (FOIA) to see how such fees apply.

First and foremost, I believe that the per page cost of copying which you have quoted is excessive and may constitute a de facto denial of the request for this information. Section 552(a)(4)(A)(ii)(III) of the FOIA states, “fees shall be limited to reasonable standard charges for...duplication.” Your quoted cost of $0.20 per page is approximately four times that charged by businesses such as Staples (which quoted $0.045-$0.055 per copy) which must generate a profit on top of their costs.

Secondly, your offer allowing me to view these documents at the school administration building, while generous, is unrealistic. Given the nature of these documents, I am certain some degree of supervision would be required and I doubt that would be available late at night or on weekends (when I don't work). If it was, the cost of such supervision would likely exceed the cost of copies. Assuming also that the school administration building could be opened at these times.

Third, the FOIA allows for the waiver of fees under certain circumstances. Section 552(a)(4)(A)(iii) states, “Documents shall be furnished without any charge...if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government...”

This information is being requested in order to determine why we are nearly $19 million 'in the hole' and to seek justification for the additional monies requested – neither of which has been adequately explained to date. Town meeting is being asked to approve another $18.8 million for this project, yet we have received no detailed reports or accounting statements. The only information voluntarily provided thus far have been vague statements and general figures published in the Falmouth Enterprise.

For example, there are 54 change orders, yet only eight reasons have been cited for the delay. As a member of the conservation commission, I was present when the school building committee requested changes to the stormwater drainage system, but this was not one of the aforementioned reasons. What effect did this have on the construction schedule? What was the cost of this change and who was responsible for the original (inadequate) design?

Which brings me to my final point. I am not simply a member of the public, but rather an elected representative of Precinct 9. As a member of town meeting, my constituents have vested in me the authority to approve – on their behalf – financial decisions for the Town of Falmouth. As such, it is my responsibility to ensure that all town funds are spent responsibly, which entails reviewing all documents relating thereto. This request is comparable to a United States' senator requesting documents pertaining to a federal contract; I'm certain they are not required to pay for those copies.

To summarize, I believe that 1) the per page cost you are charging is excessive, 2) your offer to allow for the viewing of these documents is unrealistic, 3) the information requested will “contribute significantly to public understanding of the operations or activities of the government” and so should be released free of charge, and 4) I require this information as a part of my role as an elected representative of Precinct 9.

Therefore, I respectfully request that you provide to me copies of 1) all change orders, and 2) all communications between Gilbane and the school building committee, at no cost.

Sincerely,

Brent Putnam