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Date: August 19, 2014 7:10:29 PM EDT
To: Stefan Ritter <sritter@law.ga.gov>
Cc: Honey Hatcher Coppage <hhatcher@valdosta.edu>, President's Office
<vsupresidentsoffice@valdosta.edu>, William J McKinney <wmckinney@valdosta.edu>,
Hudson P Rogers <hprogers@valdosta.edu>, Floyd Rose <floyderose@att.net>, Adam
Floyd <adam.floyd@gaflnews.com>, Dean Poling <Dean.Poling@gaflnews.com>,
sstevens@floridafaf.org, deseagraves@acluga.org, Laverne Lewis Gaskins
<llgaskin@valdosta.edu>, Leigh Touchton <leigh.touchton@gmail.com>,
chancellor@usg.edu, tom.daniel@usg.edu
Subject: Re: Open Records Compliance at Valdosta State University
Dear Attorney Ritter,
It has been a number of days now and I have as yet to hear from you regarding the
matter discussed below? Could you please respond to my questions or simply let me
know that you are unable to address them given your position?
Thank you,
Mark George
On Aug 12, 2014, at 12:25 PM, Mark George wrote:
myself and Ms. Coppage (all of which were cc'd to VSU Attorney Laverne Lewis,
President McKinney, and the other parties I contacted).
August 7, 2014 1:09:41 PM: Ms. Coppage informed me that my request would entail
15 hours of search and retrieval time at a rate of $41.11 per hour (for a total of
$606.37 for time). She also stated it would take a "qualified person in IT to retrieve"
the emails communication I had requested. She also stated that there were 250 pages
that would be printed for a cost of $25 resulting in a total cost of $631.37.
August 7, 2014 2:54:39 PM: I responded to Ms. Coppage's message and protested this
unreasonable quote.
August 7, 2014 3:33:10 PM: Ms. Coppage responded to my protest by quoting the
university attorney and her reference to Georgia open records law.
August 7, 2014 4:52:37 PM: I explained to Ms. Coppage that I too had read the law
and her estimate did not qualify as a "reasonable charge." I also explained according to
VSU's 2013 salary schedule that the very Director of IT actually made less that $41.11
an hour.
August 8, 2014 9:48:27 AM: Ms. Coppage contacted me to report that she had
retrieved the documents from Dr. Rogers, Mr. Haugabrook, and Mr. Crawford, that the
search and retrieval time was 2 hours at $41.11 per hour, that there were 116
pages, and the total cost was $83.54. She also stated that there would be an
additional two hours and copy costs for the remaining documents.
August 08, 2014 11:49 AM: I explained that I appreciated the reduction in time from 15
to 2 hours but $41.11 per hour was still unreasonable.
August 8, 2014 2:54:28 PM: Ms. Coppage contacted me to report she had "all
materials ready," could now "provide a more accurate estimate," and that I was to
be charged $31.90 per hour for 3.75 and there were 305 pages for a total cost of
$150.12.
August 10, 2014 6:00 AM: I emailed Ms. Coppage and explained that the $31.90 per
hour fee was still unreasonable, that I would go ahead and pay the fee but I would be
contacting the AG's office about the fees and entire O.R. process.
August 11, 2014 3:40 PM: I picked up the documents yesterday and paid the
$150.12 fee (receipt attached). However, while skimming over them I ran across a
November 2012 email Ms. Coppage sent to the President of the University discussing
open records fees. In that message she quotes an open records search and retrieval fee
of $15.31 per hour (place see last page of attached document "Coppage
Email Exchanges")?
With this new information in mind, I would like to formally request a refund for
the difference in the two different search and retrieval fees ($31.90-$15.31 X
3.75 = $62.22). I will gladly pick up a check for that amount from Ms. Coppage when
it is ready. I also hope the AG's office will also address the problematic nature of this
process with VSU administrators. In sum, this experience might have stymied or
discouraged many people who desire to make an open records requests. Given
Georgia's government strives to be open and transparent, as should Georgia
universities, there should be a consistent and clearly defined open records request
process that is affordable to the average Georgian. Currently, it appears that VSU does
not have such a process in place.
Given the many obstacles and inconsistencies I have encountered during the last week
I don't feel that requesting a refund from VSU will be honored unless you encourage
them to do so. I say this given the events I chronicled and the fact that the President
of VSU (who must have known about the lower search and retrieval rate given Ms.
Coppage's email to him on the subject) was included in all of my communications with
Ms. Coppage.
I was also wondering if I should also move forward with a formal complaint to the AG's
office about this matter?
Any assistance you might give to resolve this matter as quickly and fairly as possible will
be deeply appreciated.
Mark Patrick George
229-269-5303
**************************************
Subject: Fwd: Open Records Compliance at Valdosta State University
From: Mark George <markpgeorge@gmail.com>
Date: August 22, 2014 4:22:16 AM PDT
To: AGOlens@law.ga.gov
Dear Attorney General Olens,
My name is Mark Patrick George and I am contacting you for your assistance.
Below you will find several communications I have had with one of your staff members,
Mr. Stefan Ritter. Those emails center on my attempt to get Valdosta State University
to comply with Georgia Open Records Law. I reached out to Mr. Ritter in hopes he
might be able to resolve this situation but I have not heard back from him.
With that in mind, and given your office essentially represents Valdosta State University
in relation to any complaints against it, relative to open records compliance, I hope you
or your staff might look into this matter. My concerns are stated clearly below but if
anyone has any questions please let me know.
Thank you for your time.
Mark
229-269-5303
**************************************
Subject: Thomas Daniel - Open Records Request NonCompliance
From: Mark George <markpgeorge@gmail.com>
Date: August 26, 2014 11:38:03 AM PDT
To: tom.daniel@usg.edu, chancellor@usg.edu
Mr. Daniel,
I am writing you to let you know that you have failed to respond to my open records
request within the allotted time (3 days) as defined by Georgia Open Records law.
Please provide me with the documents I have requested and know that I will be filing a
formal complaint against you and the University System of Georgia for your
noncompliance.
Refer to message below for the details of my 8/19/14 records request.
Mark Patrick George
**************************************
Date: August 29, 2014 12:21:27 PM PDT
To: Mark George <markpgeorge@gmail.com>
Cc: Tom Daniel <Tom.Daniel@usg.edu>, Houston D. Davis
<Houston.Davis@usg.edu>, Burns Newsome <Burns.Newsome@usg.edu>, Kimberly
B. Washington <Kimberly.Ballard-Washington@usg.edu>, Steve W. Wrigley
<Steve.Wrigley@usg.edu>, Brenda M. Trezvant <Brenda.Trezvant@usg.edu>
Mr. George,
This is in response to your Open Records request to Mr. Tom Daniel. There are no search and
retrieval fees due for this request. There are no documents in response to your request.
--
John Millsaps
Associate Vice Chancellor/Open Records Officer
Department of Communications
www.usg.edu
"Creating A More Educated Georgia"
**************************************
On
Aug
31,
2014,
at
12:06
AM,
"Mark
George"
<markpgeorge@gmail.com>
wrote:
Mr.
Millsaps,
I
suggest
you
redo
your
search.
My
suggestion
comes
given
that
I
have
in
hand
communications
involving
Mr.
Daniel
that
were
secured
via
my
open
records
request
for
VSU's
Phillip
Allen
and
Dr.
WIlliam
McKinney
emails.
Mark
George
**************************************
From: John H. Millsaps III <John.Millsaps@usg.edu>
Subject: Re: Open Records Request response
Date: September 2, 2014 9:16:29 AM PDT
To: Mark George <markpgeorge@gmail.com>
Cc: Tom Daniel <Tom.Daniel@usg.edu>, Houston D. Davis
<Houston.Davis@usg.edu>, Burns Newsome <Burns.Newsome@usg.edu>, Kimberly
B. Washington <Kimberly.Ballard-Washington@usg.edu>, Steve W. Wrigley
<Steve.Wrigley@usg.edu>, Brenda M. Trezvant <Brenda.Trezvant@usg.edu>
Mr. George,
Thank you for your follow up inquiry. The initial search did not produce any responsive
documents to your request. Mr. Daniel does not retain routine email communications and hence
does not have these in his possession.
-John Millsaps
Associate Vice Chancellor/Open Records Officer
Department of Communications
**************************************
Subject: Fwd: Open Records Compliance at Valdosta State University and the
University System of Georgia
From: Mark George <markpgeorge@gmail.com>
Date: November 14, 2014 10:18:11 AM PST
To: AGOlens@law.ga.gov, Stefan Ritter <sritter@law.ga.gov>
Cc: John Ruch <johnruchatlanta@gmail.com>, Janel (CMG-Atlanta) Davis
<Janel.Davis@ajc.com>, John S Stephen <jsstephen@valdosta.edu>, Elly Yu
<eyu@GPB.org>, Rickey Bevington <rbevington@GPB.org>, Peter Schmidt
<Peter.Schmidt@chronicle.com>, Mike Paluska <Mike.Paluska@cbs46.com>,
tom.daniel@usg.edu, John.Millsaps@usg.edu, chancellor@usg.eduand
Dear Attorney General Olens,
My name is Mark Patrick George and I am again contacting your office in hopes that
you or your staff might assist me.
The first matter I would like to again bring to your attention concerns Valdosta State
University's noncompliance with Georgia open records law (as outlined in the emails
below that I have previously sent your office). I would appreciate a response from your
office regarding the concerns I have voiced about this matter.
The
second
matter
I
would
like
your
assistance
on
concerns
the
University
System
of
Georgia's
non-compliance
with
Georgia
open
records
law.
Attached
you'll
find
an
open
records
request
I
made
to
USG
Vice
Chancellor
Tom
Daniel
regarding
his
involvement
in
actions
taken
against
me
by
Valdosta
State
University.
Mr.
Daniel
failed
to
respond
my
open
records
request
within
the
time
allotted
by
Georgia
law
and
when
the
USG
finally
did
respond
they
claimed
"there
are
no
documents
in
response
to
your
request,"
in
spite
of
the
that
I
have
in
my
possession
documents/communications
that
involve
Mr.
Daniel.
When
I
pressed
USG
Open
Records
Custodian
John
Millsaps
on
the
issue
and
asked
him
to
redo
his
search,
he
then
changed
his
reply
to
"Mr.
Daniel
does
not
retain
routine
email
communications
and
hence
does
not
have
these
in
his
possession."
With
this
in
mind,
I
would
deeply
appreciate
it
if
you
would
investigate
into
why
a
Vice
Chancellor
of
the
University
System
of
Georgia
seems
to
believe
he
should
not
have
to
comply
with
Georgia
law.
If
you
have
any
questions
or
need
more
information
please
do
not
hesitate
to
contact
me.
Thank
you
for
your
time.
Mark
Patrick
George
229-269-5303