FOIA Deposit Turned Down by City of Ludington

[XLFD]

On November 9, 2012 a friend of free and open government went to Ludington City Hall and made an unconventional 'FOIA request'.  There was nothing that they wanted to see themselves, but they wanted to provide some funding to help this humble information-seeker get more access to data from Ludington.

When I was told about this venture later that day, I was surprised to find that the person who did this had gotten together some money from themself and others to arrange for me to get future FOIA requests.  They told me they had went to the Ludington City Hall and talked with the usually friendly receptionists down the line.  They had talked with the City Clerk and Treasurer about putting a significant 'deposit' down for future FOIA requests made by me.

The ladies had saw nothing wrong with doing so, but had called City Manager John Shay to get his OK.  My benefactor told me that Shay had asked them about whether it was to help pay the debt that the 51st Circuit Court had determined I owed the City for unfulfilled FOIA requests made in the past.  They said, it wasn't it was just for future requests.  A bit puzzled, he accepted the money and had the treasurer write out a receipt noting that the money was to be used for future FOIA requests for me.

They then relate that less than a half an hour later, they received a call from the City telling them that John Shay had changed his mind, and would need to refund the money.  They went back and got a check ($500 cash was originally deposited) from the City Clerk and a receipt showing their deposit was refunded.

I cannot explain what made the City Manager change his mind.  Perhaps he thought it was a trap, like the time someone made off with his strawberries at City Hall and the subsequent internal investigation that ensued (he looked different back then):

So, it looks as if someone cannot put an advance deposit on FOIA requests, even if done with the best of intentions, and the very good likelihood of it being spent because of the noted proclivity of me to make FOIA requests on this city.

I appreciate the effort by these charitable persons to help the cause of transparency, but paying the current City Manager in advance is probably not a good idea, as it would no doubt only lead to "FOIA inflation" when the time to choose his fees comes along.  And he might dip into it when his own debts get established by the courts in the future. 

[XLFD]

When the person running the show can charge around $100 as deposit for an estimate to look for records he admits may not exist, charge $800 for 'labor' to inspect annual building inspector reports, charge $600 to look at court documents regarding a settled case, you may have a shyster running the show.  Putting $500 in his hand would have only lead to 'FOIA inflation', but he suspected something was up.

 

[AQUAMAN]

The guy is so guilty of being a true "shyster", that his guilt is only compounded by his own paranoia about being found out, and eventually, paying the ultimate price. In his case, it's being fired! And SHAMED SHAY!  Ludington Watergate if you will. But, if you have complicit and willing accomplices that also want to cover-up, and they rank even higher in authority, then, there might be a problem in getting to the core of the problem and truths. Thus, crucify the FOIA requester, afterall, he's the very person that may just connect the pieces of the puzzle, and bring the entire charade to a very illegal conclusion. And collapse what is a certainty of a circus on the taxpaying public!

[Willy]

I agree with X. Prepaying for FOIA requests is opening the door to abuse by the City Manager to charge excessive amounts and possibly charging for items that do not require a fee.