Report: MCPS Public Information Act Fees Found to be Unreasonable

 

• PIACB 21-14 (July 23, 2021) Agency: Montgomery County Public Schools (“MCPS”) Issue: The complainant alleged that fee estimates for three different PIA requests were unreasonable: (1) $1,360.32, for “emails, notes, text, files, phone Seventh Annual Report of the State Public Information Act Compliance Board 8 calls, notes of phone calls, etc.” between eight individuals over a span of five and a half months; (2) $16,524.60, for any communications between more than 20 individuals that contained the complainant’s last name over a span of almost two and a half years; and (3) $725.21, for “telephone logs and ledgers and all related notes, emails, messages, and all attachments” between two individuals on 24 specific dates. Decision: The fee estimates appeared precise and based on a detailed calculation of anticipated costs. Because the MCPS asked for prepayment, the Board reviewed the fee estimates. The Board asked the MCPS for more information about the tasks associated with responding and the anticipated volume of responsive records, which the MCPS provided in part. The Board found that all three of the estimated fees were unreasonable to some extent and ordered reductions, with the caveats that if final fees were in excess of the estimates, then the MCPS could charge the complainant the difference and, if final fees were below the estimates, then the MCPS must refund the complainant the overage paid...

AnnualReportFY2022.pdf (marylandattorneygeneral.gov)