THE CITY OF WINDSOR YALERIE CRITCHLEY COUNCIL SERVICES DEPARTMENT DORE. PERASERTTER 1g May 26, 2016 Mr, Jobn Middleton 1691 St. Luke Road Windsor, Ontario N8¥ 3N4 Dear Mr, Middleton: Re est Under the provision of the Municipal Freecom of tnformation and Prozectinn of Privacy Act, you submitted an access request on April 26, 2016 in which you asked tor the following corporate records: "L) All legal costs from law firms and the City of Windsor's Legal Department associated with Superior Court Case # CV-1523114 fram October 29, 2014 to December 15, 2015; 2) All Legal and Police Department tnvestigation costs associated with Superior Court Case # CV-15231 143 from October 29, 2014 to April 25, 2016; 3) All legal costs associated with Superior Court Case #CV-1523114 from December 15, 2015 until April 25, 2016 including the tegat costs for the supervised inspection of the election records on January 14, 2016 at City Hall by John Middleton and Gabe Maggio; 4) The cost of all legal advice from outside law firms and the City of Windsor's Legal Department given to city employees, elected individuals, city administration and Governnient Agencies pertaining to the 2014 Municipal Election October 29, 2014 to April 25, 2016.” + rected! were lucid én the Legal Devartment aud section 19, Municipal Freedom of Responsive records pertainiu ‘you are granted full disclosure to the records, und Information and Protection of Privacy Act. Based on my review of the documents obtained from the department, the total fees to ro. HN 350 City Hall Square West » City Hall + Windsor, Ontario + N9A 651 Enmnil: clerks@citywindsorea + Tel: (519)285-6211 + Fax: (519)255-6868Mr. John Middleton Page 2 (FOI 47-2016) May 26,2016 ‘The fee is calculated as follows for manually searching and photocopying the records: Searching Time Search time is calculated by taking into account the actions necessary to locate the requested records and how the records are stored and maintained as well as the actual amount of time needed in each step of locating the requested records. (Fees, Fee Estimates and Fee Waivers for Requests under the Municipal Freedom of information and Protection of Privacy Act, Guidelines for Government Institutions, IPC): Search time for your request: 1.00 hours @ $30.00/hour = $30.00 Preparation Time Preparation time is calculated for the actual records to be disclosed and includes the time spent on severing records, generally 2.00 minutes per page (Order P-4) since many of the documents may require multiple severing (Fees, Fee Estimates and Fee Waivers for Requests under the Municipal Freedom of Information and Protection of Privacy Act, Guidelines for Government Institutions, IPC): Preparation time for your request: N/A Photocopying Costs Photocopying costs are generally charged for each page that is photocopied and/or printed from a computer. (Fees, Fee Estimates and Fee Waivers for Requests under the Municipal Freedom of Information and Protection of Privacy Act, Guidelines for Government Institutions, IPC}: Photocopying cost for your request: N/A Under the Act, | will not proceed farther with your request until the City Clerk has received this amount. Please call Becky Murray of this office at 519-255-6100 ext 6378 to make the necessary arrangements for payment and pickup of documents. Please quote file number FOI 47-2016, ‘The Actalso provides that all or part of the fee can be waived, if, in our opinion, itis fair and equitable to do so, in certain circumstances. Please find enclosed a copy of section 45 of the Aci und section 8 of Regulation 823. You may be required to provide evidence in support of any fee waiver request, Please notify me as soon as possible if you wish to proceed with a request for a fee waiver, You may ask for a review of this decision 30 days of receiving this letter by writing to: The Information and Privacy Commission/Ontario, 2 Bloor Street East, Suite 1400, ‘Toronto, Ontario, M4W 18, Telephone: 416-326-3333 or toll free 1-800-387-0073.Mr. Jon Middleton Page 3 (FOL 47-2016) May 26,2016 If you decide to request a review of this decision, please provide the Commissioner's Office with the following: ‘The file number listed at the beginning of this letter; A copy of this decision letter; A copy of the original request for information you sent to our institution; and The reasons why you believe the records exist (if the decision was that no records exist). In addition, you must send an appeal fee to the Commissioner's Office. If your request was for your personal information, the appeal fee is $10.00. The appeal fee for all other requests for Information is $25.00. Please include the fee with your letter of appeal - appeal fees should be in the form of either a cheque or money order, payable to the Minister of Finance. Yours very truly, cos Mya. Chuck Scarpelli Manager of Records & Elections and Freedom of Information and Privacy Coordinator cs/bmMunicipal Freedom of Information and Protection of Privacy Act PART IV Fees 45.(1) A head shall require the person who makes a request for access to a record to pay Tees in the amounts prescribed by the regulations for, (2) the costs of every hour of manual search required to loeate a record; (b) the costs of preparing the record for disclosure; (©) computer and other costs incurred in locating, retrieving, processing and copying a record; (@) shipping costs; and (©) any other costs incurred in responding to a request for access 10 a record. 1996, c. 1, Sched. K, s. 23 (1). (2) Repealed: 1996, ¢. 1, Sched. K, s. 23 (1). Estimate of costs (3)‘The head of an institution shail, before giving aecess 10 a record, give the person requesting access a reasonable estimate of any amount that will be required to be paid under this Act that is over $25. R.S.0. 1990, ¢. M.56, s. 45 (3). Waiver of payment (4) A head shall waive the payment of all or any part of an amount required to be paid under subsection (1) if, in the head’s opinion, itis fair and equitable to do so after considering, (a) the extent to which the actual cost of processing, collecting and copying the record varies from the amount of the payment required by subsection (1); (b) whether the payment will cause a financial hardship for the person requesting the record; (©) whether dissemination of the record will benefit public health or safety; and (@) any other matter presoribed in the regulations. R.S.O. 1990, c. M.56, s. 45 (4); 1996, ¢, I. Sched. K, s. 23 2). Review (5) A person who is required to pay a fee under subsection (1) may ask the Commissioner to review the amount of the fee or the head’s decision not to waive the fee. R.S.0, 1990, ¢. M.56, s, 45 (5); 1996, ¢. I, Sched. K, s. 23 (3). Disposition of fees (6) The fees provided in this section shall be paid and distributed in the manner and at the times prescribed in the regulations. 1996, ¢. 1, Sched. K, s. 23 (4)Regulation 823 ‘The following ate the fees that shall be charged for the purposes of subsection 45 (2) of the Act for access to a recosd: 1. For photocopies and computer printouts, 20 cemts per page. 2. For records provided on CD-ROMs, $10 for each CD-ROM. 3. For manually searching a record, $7.50 for each 15 minutes spent by any person, 4. For preparing a record for disclosure, including severing a part of the record. $7.50 for each 15 minutes spent by any person. 5. For developing a computer program or other method of producing a record from machine readable record, $15 for cach 15 minutes spent by any person. 6. The costs, including computer costs, that the institution incurs in locating, retrieving, processing and copying the record if those costs arc specified in an invoice that the institution has received. O. Reg. 2296, s. 2; O. Reg. 93/07, sl.