FOIPP and The City of Medicine Hat
TL:DR - I made a FOIPP request with the City Of Medicine Hat (COMH) regarding myself. Before the deadline, they told me they need more time to fulfill my request.
April 13 2024 Saturday - I FOIPP’d myself using the online portal. The clock starts ticking, they have 30 days to provide the information.
(When you ask for your personal information, it is free. They can charge for photocopies or you can choose to receive the information electronically. I chose electronically.)
MY FOIPP REQUEST
All communication between city staff and departments, both internal and external, where all or part of my name, Kelly Allard, appears.
All communication between city staff and external agencies and/or people, where all or part of my name, Kelly Allard, appears.
All communication between any City Council Member(s) - including the mayor - and departments, both internal and external, where all or part of my name, Kelly Allard, appears.
All communication between any City Council Member(s) - including the mayor - and external agencies and/or people, where all or part of my name, Kelly Allard, appears.
All communication between any City Council Member(s) - including the mayor, both internal and external, where all or part of my name, Kelly Allard, appears.
All minutes of any meetings where all or part of my name, Kelly Allard, appears.
May 10 2024 Friday 3:24pm I received notice that they needed another 30 days “due to the volume of records requested.”
The FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT SAYS
Time limit for responding
11(1) The head of a public body must make every reasonable effort to respond to a request not later than 30 days after receiving it unless
(a) that time limit is extended under section 14, or
(b) the request has been transferred under section 15 to another public body.
(2) The failure of the head to respond to a request within the 30‑day period or any extended period is to be treated as a decision to refuse access to the record.
Section 14 says
Extending time limit for responding
14(1) The head of a public body may extend the time for responding to a request for up to 30 days or, with the Commissioner’s permission, for a longer period if
(a) the applicant does not give enough detail to enable the public body to identify a requested record,
(b) a large number of records are requested or must be searched and responding within the period set out in section 11 would unreasonably interfere with the operations of the public body,
(c) more time is needed to consult with a third party or another public body before deciding whether to grant access to a record, or
(d) a third party asks for a review under section 65(2) or 77(3).
(2)The head of a public body may, with the Commissioner’s permission, extend the time for responding to a request if multiple concurrent requests have been made by the same applicant or multiple concurrent requests have been made by 2 or more applicants who work for the same organization or who work in association with each other.
(3) Despite subsection (1), where the head of a public body is considering giving access to a record to which section 30 applies, the head of the public body may extend the time for responding to the request for the period of time necessary to enable the head to comply with the requirements of section 31.
(4) If the time for responding to a request is extended under subsection (1), (2) or (3), the head of the public body must tell the applicant
(a) the reason for the extension,
(b) when a response can be expected, and
(c)that the applicant may make a complaint to the Commissioner or to an adjudicator, as the case may be, about the extension.
I asked the FOIP Department some questions
Question Could you please tell me how many records there are? I am happy to have them in a digital format if that would make it easier.
Answer 3437 items populated from your search. They may not all pertain to your request, but we go over each item to make sure everything material to this request is provided in the final record.
(To be fair, while we Allards are few and far between, there are lots of Kellys in Medicine Hat.)
Question Is there any chance I could receive the records just for the past year while I am waiting for the rest?
Answer The full record will be provided to you on or before the deadline.
Question On another note Could you please tell me how many FOIPP requests have been made so far this year? What is a usual number?
Answer We have approximately 38+ Requests vs an annual average of approximately 25 per annum in the previous years.
Question In regards to Section 14(4)(b) - When can I expect a response?
Answer Before the deadline of the 30-day extension, on or before 14 June 2024.
(NB - June 12 is 20 days, not June 14. I did let them know.)
Question Why was I not given this information before?
Answer This information was given to you within the 30-day window, relative to the time left therein, having realised this record will not be ready within that time.
(I was not very clear, I was asking why the timeline was not given to me with the extensions letter. That is my fault; I will word it better next time.)
Question In regards to Section 14(4)(c) - Why was I not told I can make a complaint to the Commissioner about the extension?
Answer Sorry for that oversight. Kindly note you may make a complaint to the Commissioner about the extension.
PLEASE SUPPORT INDEPENDENT MEDIA
We're always looking for sponsors/advertisers. Tom can create all kinds of videos and digital media for you
You can also Subscribe
Send Facebook stars
Send E-transfers or
We’ll take cash if you see us in person. $5, $10, $20, $50, we’re not proud!
Send E-transfers to Support@comtv.ca
If you want to send to just one of us, here are the addresses.
#yxh #medicinehat #comtv #communitytv #thetrashpanda #foipp #foip
