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  #26  
Old 11-08-2013, 05:33 PM
CenTexLyn CenTexLyn is offline
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It is absolutely commonplace for requests to a City agency to be routed to the City Attorney just as requests to County agencies often go to the Civil section of the District Attorney's office.

You are in a quandry here though because you cannot tell them you are an attorney. That only leaves one other category- specifically that you are an agent of the offender.

Narrowing the scope of a request is also common-place and I routinely have email exchanges with DA's about whether I am willing to agree to certain redactions in order to expedite the request.
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  #27  
Old 11-08-2013, 06:56 PM
Chapel Chapel is offline
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So what exactly is "an agent of the offender"? Of course I can't say I'm an attorney but I am acting as an advocate for the offender.
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  #28  
Old 11-09-2013, 05:12 AM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by DarkAngel1962 View Post
So what exactly is "an agent of the offender"? Of course I can't say I'm an attorney but I am acting as an advocate for the offender.
agent is any non-attorney who is making a request on behalf of the offender.
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  #29  
Old 11-09-2013, 08:59 AM
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Quote:
Originally Posted by CenTexLyn View Post
agent is any non-attorney who is making a request on behalf of the offender.
Thank you. I appreciate your fast responses and all your help with this! Wading through all this legal information gives me greater respect for those that file any legal documents or appeals pro se and are successful. They certainly don't make it easy!
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  #30  
Old 08-29-2014, 11:04 PM
B_M_F B_M_F is offline
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I had no issue getting mine.
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  #31  
Old 08-30-2014, 11:21 PM
Chapel Chapel is offline
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Me either except that they wanted at least $1,600 to start pulling the information I wanted. $900 deposit.
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  #32  
Old 08-31-2014, 05:54 AM
CenTexLyn CenTexLyn is offline
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Quote:
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Me either except that they wanted at least $1,600 to start pulling the information I wanted. $900 deposit.
Costs at that level suggest you wanted the Reporters Record, an item that is not typed up except and unless there is a request for it. The Reporter is entitled to be paid for his/her work in doing so...and the first one to request it bears the brunt of the cost. Everyone else gets it for anywhere between a quarter and a dollar a page (usually actually four pages to a page).
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  #33  
Old 08-31-2014, 07:20 AM
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It is completely normal for the City Attorney and City Secretary to be involved. Nothing shady happening there. They are just making sure they follow the law to the letter so that both sides are protected.

You can also expect a cost associated with the information. Depending on the amount of information, they may come back with the amount of money it will cost for that information to be searched, properly filtered and printed. It's not generally much, but it isn't free.

You need to be very specific about what you want. FOI doesn't provide for fishing expeditions. For example, if you were to say you wanted all email that Person A ever sent, that will be rejected. From the sound of your request, though, that doesn't seem like it will be an issue.

Best of luck.
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  #34  
Old 08-31-2014, 09:43 AM
Chapel Chapel is offline
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Quote:
Originally Posted by CenTexLyn View Post
Costs at that level suggest you wanted the Reporters Record, an item that is not typed up except and unless there is a request for it. The Reporter is entitled to be paid for his/her work in doing so...and the first one to request it bears the brunt of the cost. Everyone else gets it for anywhere between a quarter and a dollar a page (usually actually four pages to a page).
Actually two other people besides myself put in a request and the cost was $1,761 for each of us. $900 deposit unless someone declined and then the deposit went up. It wasn't the reporters record as I have that already but all the documents related to the investigation of the crime.

I'm not saying I think it's unusual or unfair, just stating what it would have cost. A lot of people believe that information under the FOIA is given to them free of charge and I wanted to point out that is not always the case depending on what information you request and how much of it is there.
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  #35  
Old 08-31-2014, 10:28 AM
CenTexLyn CenTexLyn is offline
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I have NEVER seen an agency bill at that level and I have worked with clients where the investigation was multiple boxes worth of documents.
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  #36  
Old 09-01-2014, 08:38 AM
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I have NEVER seen an agency bill at that level and I have worked with clients where the investigation was multiple boxes worth of documents.
Well that's interesting then because that is exactly what the agency attorney quoted. I'm not sure if it was a scare tactic not to get the information or what because they also stated that it didn't include the labor cost to compile the information for the attorney general to review which is on top of the labor charge they quoted me to react the information. It could have easily doubled the cost.
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