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1. Can a FOIA request be verbal?

No. Although the FOIA permits a public body to provide requested public records without receipt of a written request, the County requires that it be reduced to writing before processing it. ANY request in writing is considered FOIA. If there is a verbal request for information that is readily available on the website, you can direct them to the website at no charge and without the need for the request to be in writing. 

2. Does our office need to send all FOIA requests to the County Administrator/FOIA Coordinator?

No. As the FOIA Coordinator, the County Administrator can/will designate individuals from each department to act on his/her behalf. Any questions regarding a FOIA request received by a department should be directed to the County Administrator/FOIA Coordinator. 

3. What if our office receives a request that appears to need information from more than just our office?

Please forward this request to the County Administrator/FOIA Coordinator for dissemination to the appropriate departments. 

4. I've received a request for the information to be provided on a thumb drive/CD/Emailed instead of paper copies. Do I have to provide it on the media they have requested?

Yes. You must provide in the format requested such as on a thumb drive or DC, or scanned and emailed. DO NOT use media (thumb drive, DC etc.) provided by the requester as this could introduce a virus to the network. You may charge the requester for the ACTUAL cost for the media purchased by the County. 

5. Can I request a down-payment before I grant the request?

Yes. if the good-faith estimated fee to complete the request exceeds $50, you may request a deposit of not more than 1/2 of the estimated fee. The work involved in producing the request will not start until payment has been received. If there is to be ANY charge for a FOIA request, the information will not be provided to the requester until payment is received. 

6. It only took me 5 minutes to find and copy the requested information. Can I charge for those 5 minutes?

No. You must reach 15 minutes of time in EACH category before you can charge. Caategories include Searching and Separating/Redacting. This time is not cumulative which means you cannot add 10 minutes of searching and 5 minutes of separating to reach 15 minutes. Howeve, you can charge labor time for copying as that is charged in 1 minute increments. 

7. The County has fees for copying that were established by the Board of Commissioners. Can I charge those rates instead of the rates under FOIA?

No. You must charge the fees as published under the FOIA Policy UNLESS there is statutory fee that states you can charge otherwise. 

8. If I double-sided copies, can I charge a copy fee for each side?

No. It is a single page, even though double-sided so you can only charge for 1 page. 

9. What do I do with the payment I receive for the FOIA request?

Process the payment as you would for any other receipting of money that you do in your office.

10. What does it mean "failure to charge the fee would result in unreasonably high costs to the county"?

For example, if completing a request would require the skills of the MIS Director to complete and it takes several hours of time to get the information, it would be considered unreasonably high costs so we must charge. Remember that we can't charge if it takes less than 15 minutes in each category as outlines in the policy.

11. I spent an hour looking for the requested records, but there is nothing matching the request. Can I charge the requesting party for my time searching?

No. Since you do not have the records, you did not grant the request, so cannot charge for your time. 

12. How long do I need to keep copies of the request and response?

The designated FOIA Coordinator must keep a copy of all written requests and documents sent in response to the request for public records on file for no less than one year, unless a longer retention time has been specified in a record retention policy applicable to the County.