AR-News: Fw: primfocus: School agrees to turn over records on animals - for a fee

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From: primfocus at waste.org

Deseret Morning News, Wednesday, February 25, 2004

U. student must pay $300 for data

School agrees to turn over records on animals - for a fee

By Joe Bauman
Deseret Morning News

The University of Utah lost a round in a fight involving opening records
concerning primate experimentation, but it may have won the bout on a
technicality.


Jeremy Beckham, an 18-year-old freshman who is concerned about the welfare
of baboons, macaques and other primates used in experiments, filed an action
under the state's Government Records Access and Management Act to force the
university to turn over records.


The U. refused to turn over more than two pages. Beckham appealed to the
Government Records Access and Management Act. On Jan. 21, after a hearing,
the state Records Committee ruled that the university must turn over
information, although certain material could be redacted (removed from the
record).


Material that could identify experimenters or that might in effect be a
trade secret during the time the experiments are taking place could be
blacked out.


Feb. 20, the university's office of general counsel responded to the
committee's order. Phyllis J. Vetter wrote to Beckham spelling out the
conditions under which he could receive the redacted records.


Bottom line: Beckham must pay $300 for the information.


The following itemization is made in the note, a copy of which Beckham
provided to the Deseret Morning News:


"Legal Review: $137.35 (3.25 hrs at $42.26 per hr.)


"Technical Review: $126.67 (1.50 hrs at 54.41 per hr. and 1.50 hrs at $30.03
per hr.)


"Physical Redaction: $35.06 (4.25 hrs at $8.25 per hr.)


"The total charge for these records will be $299.08. "


In addition, the university wants to charge Beckham for the two pages of
information he already received. Vetter wrote, "The charge for the copies
sent to you on Jan. 27, 2004, was $.50 (2 pages at $.25 per page).


"Please add that amount to your check."


Beckham was surprised that cutting information out of the reports took four
and a quarter hours, while the legal review was only three and a quarter
hours.


He thinks the charge is ridiculous. "I think it is just another way to keep
these records out of my hands," he wrote in an e-mail.


In that, the university may succeed.


"I simply don't have $300 to spare. I'm an unemployed college student right
now." He added that he is certain he personally could not afford to pay for
the copies.


Beckham said the law provides that a government agency may provide requested
records without charge, when releasing the information primarily benefits
the public rather than an individual.


He said he was seeking advice from an American Civil Liberties Union
attorney on reducing the fee. Meanwhile, he intended to petition the
university to have the fee waived or reduced.


University spokeswoman Coralie Alder said the state Records Committee
"agreed we had the right to charge for the direct costs." The university did
what it could to keep the amount low, she added. It used its in-house legal
staff, rather than go to an outside attorney's office where charges might
have been higher, she said.


Also, the billing was based on the hourly rate of whoever would be the least
highly paid person who was qualified to do the work.


"There was some cost to get that information prepared, and we're seeking
some reimbursement," Alder said.


On whether an institution may give the information free if it's for the
public benefit, she responded, "The U. has not determined releasing this
information primarily benefits the public rather than an individual person
in this case."


Alder reiterated that the determination - that the release would benefit the
public more - has not been made.

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E-mail: bau at desnews.com

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--© 2004 Deseret News Publishing Company
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