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A law states that A custodian of a public record shall

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assist a requester in identifying...
A law states that A custodian of a public record shall assist a requester in identifying the existence, form, and nature of any records or information maintained by, available to, or in the custody of the custodian, when requested to do so, provide in writing within seven days following receipt of a request, a statement as to the existence, quantity, form and nature of records relating to a particular subject or questions with enough specificity to enable a requester to identify records.
Is it in compliance when provided hundred pages of emails to the public but refused to identify which pages are in response to the each numbered request? Thanks.
Submitted: 1 year ago.Category: Business Law
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Answered in 2 hours by:
3/22/2017
Business Lawyer: Richard - Bizlaw, Attorney replied 1 year ago
Richard - Bizlaw
Category: Business Law
Satisfied Customers: 10,824
Experience: 30 years of corporate, litigation and international law
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Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

The agency does not have to operate as though they are responding to a subpoena. If they narrowed it down to documents that appear to meet your request, they have satisfied their duty. Going through a hundred pages is not an undue burden on the requester.

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Customer reply replied 1 year ago
But the document is the print out sheets not the actual document, for example, not the actual emails and they claimed the same hundred documents are the responses for the different numbering requests and the requesters are not able to identify which pages are for the 1st request, for 2nd request and so on. Are they still in compliance of the law? Thanks.
Customer reply replied 1 year ago
Waiting for answer.
Business Lawyer: Richard - Bizlaw, Attorney replied 1 year ago

Without seeing the requests and the response I cannot be more specific. Is there a reason why when you review the response you cannot tell to which they relate in terms of your request?

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Customer reply replied 1 year ago
They printed hundred of computer print out sheets and claimed these same sheets are the responses to 10 different requests. You can't not understand how these same sheets respond to different requests. You can't read these computer sheets because these sheets are not the original documents.
Business Lawyer: Richard - Bizlaw, Attorney replied 1 year ago

If that is the case, then you would start by discussing this with the supervisor. If you fail to get results you go to the head of the department. There should be a procedure to challenge the response to the FOI request if you still do not get satisfaction. That is probably an administrative procedure but if you are not satisfied with the administrative procedure you can appeal to the courts.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

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