
Maine town tries to charge MuckRock $750 for opening an email - danso
https://www.muckrock.com/news/archives/2017/nov/16/maine-750/
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fludlight
> We won’t be paying the $750 because according to the Maine Freedom of Access
> Act, if the cost to fulfill the request exceeds $30, the requester must be
> notified in advance.

In the US, when you ask a government for documents, they can charge you a fee
determined by formulas in various laws, usually $x per researcher hour, to
track down said document and send it to you. If the estimated cost exceeds $y,
they have to ask your permission first. $750 sounds wildly unreasonable for a
PDF that I'm sure every administrative employee in this small town already had
in their inbox, but then I'm not familiar with the Maine law.

The title should be: "We made a FOIA-like request and the town made a
bureaucratic error wrt billing", but that generates fewer clicks.

~~~
danso
The law is different for every state and for the federal government. Fees are
allowed for requests, but they can be challenged if exorbitant. Which is what
requesters do, and which is why governments aren't nickel-and-diming you for
every type of request, nor do they automatically resort to a large fee as a
deterrent.

The Maine law states this:

> _A person may inspect or copy any public record in the office of the agency
> or official during reasonable office hours. The agency or official shall
> mail the copy upon request. The agency may charge a reasonable fee to cover
> the cost of making the copies for you, as well as actual mailing costs. 1
> M.R.S. § 408-A(1), (2), (8)(E)_

[http://www.maine.gov/foaa/faq/](http://www.maine.gov/foaa/faq/)

States have even less defense if there is no print out or delivery cost on
their end.

In any case, your criticism about the headline is unwarranted. The article
clearly states the issue: that the government is _not_ allowed to assess a fee
_before_ fulfilling the request.

The content of the agency's reply does not suggest a "bureaucratic error".
They explicitly state their reasoning and the conditions of assessing the fee.
This would indicate willful action on their part to deter their responsibility
to the law, so the headline accurately sums up the situation. And the OP also
links to their research on the Maine law that finds the fee to be $15/hour:

[https://www.muckrock.com/place/united-states-of-
america/main...](https://www.muckrock.com/place/united-states-of-
america/maine/)

edit: * Maine; added reference to the content of the response

------
Simulacra
My husband FOIA's every day it seems, and sometimes he pays fees. I think it's
perfectly reasonable for a government to charge a modest fee for research,
retrieval, printing, etc. Otherwise you might get trolls FOIA'ing huge amounts
of stuff just because they can.

~~~
danso
Many public records laws do allow for a fee, or at least a delay if the search
requires extensive work. However, the counter-argument is that if fees go
unchallenged, they not only become a defense against following the public
records law, they reduce incentive for the government to actively be more
efficient in disseminating records. There'd be much less incentive for a
government to publish online if they were able to charge for any kind of work.

In this case, $750 to email a PDF is not at all a reasonable request.

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tedunangst
Is the fee for opening the email or the attachment? If the email says opening
the attachment incurs a fee, does that constitute advance notice?

~~~
imustbeevil
You can't send an envelope through the USPS with two letters, the first saying
that if you read the second you owe them $750.

I'm sure Muckrock has a larger legal force than a city of 20,000 in Maine.

~~~
tedunangst
Unsolicited? No. But if I ask you to send me the letter, things can be
different.

Consider if the attachment were a password protected zip, password
"iagreetopay". Does opening the zip indicate consent?

~~~
0care
It doesn't unless there is an agreed upon contract.

~~~
tedunangst
So in one world, Maine emails back "that report costs $750. Agree or
disagree?" If you agree, you mail them a check, and two weeks later they
process the payment and send the report. Apparently that's ok.

But it's kind of slow and tedious. They can expedite the process by just
including the report. Open if you agree. Delete if you don't. Or even defer
the decision until later, but there's an "instant unlock" option available at
any time. That seems a lot better than the above alternative.

Maybe Maine flubbed the implementation, but it seems like a "for your
consideration upon agreement" facility should exist that doesn't require
multiple round trips. Certainly more convenient than the alternative.

~~~
0care
I would argue that $750 to email a copy of a proposal is not "reasonable." I
don't see anywhere in the statue that allows for payment of legal fees:

[http://www.maine.gov/foaa/faq/index.shtml](http://www.maine.gov/foaa/faq/index.shtml)

This is all irrelevant if they sent the information before agreeing on payment
terms.

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thisisit
As they say - any publicity is good publicity. Anyone talking Amazon proposal
will now also discuss this stunt from Brunswick.

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coreyp_1
Wow. I don't know whether to classify this as beaurocratic incompetence,
bloat, or malice.

~~~
24gttghh
If it's any consolation, Brunswick probably wont win the bid. Amazon will
probably pick a much larger city in the Eastern US that has a healthier/larger
talent pool.

~~~
megaman22
Brunswick does have a lot of cheap land - at least by urban standards, and
it's a stone's throw from Portland. I haven't been following the news back
home, but I've got to imagine that this involved the old Brunswick Naval Air
Station location. They've been trying to follow the model Portsmouth is
charting with the now-closed Pease Air Force Base, but with less success.

~~~
KGIII
Up here, we still consider Brunswick to be Northern Massachusetts.

Why does that matter? Nowhere in what my neighbors consider Maine actually
wants Amazon. But, BNAS might be a brilliant location for it.

