Dear Mr. Soh,
This responds to your request for a fee waiver relating to your Public Access to Records Policy (PARP) request for copies of the report that shows how much was paid to WMATA's bus drivers, Metro train operators, maintenance personnel, and any other position that is unionized for the last five years. You requested that we include how long the employee has worked for Metro and how long the employee has held their current position including both current and previously employed individuals.
Pursuant to PARP § 8.1, fees are charged for record search, review, and duplication when records are sought for commercial use. However, fees are limited to charges for copying when records are not sought for commercial use or the request is made by a representative of the news media. PARP §§ 8.1, 8.2. PARP § 8.4 further provides that “documents shall be furnished without charge or at a charge reduced below the fees established in §§ 8.1 and 8.2, if WMATA determines that the disclosure of the information is in the public interest because it is likely to contribute significantly to the public understanding of the operations of WMATA and is not primarily in the interest of the requester.”
WMATA has reviewed your email, dated April 2, 2010, where you provided information for us to determine whether you are eligible for a fee waiver. You note that your intended use of the records is non-commercial, that you intend to use the data to accurately determine whether employees of WMATA are paid within market standards, and plan on releasing the records on your personal website. Although your response suggests that you do not have a commercial interest in the records, we have denied your request for a waiver because merely posting records on a web site is not enough to meet the standards of disseminating the information to the public widely, Judicial Watch, Inc. v. United States Dept. of Justice, 185 F.Supp. 2d 54, 59 (D.D.C. 2002), or in a way for the public to understand the operations of WMATA. See Brown v. United States Patent and Trademark Office, 445 F.Supp. 2d 1358, 1359 (M.D. Fla. 2006). Wage rates are set through the collective bargaining process and not through individual WMATA managers. Furthermore, information regarding wage rates regarding union employees are published on our website and can be viewed at http://www.wmata.com/about_metro/docs/local_689_050104-063008.pdf. For all of these reasons, we have denied your request for a fee waiver.
We estimate that it would cost $208.00 for 5 hours of staff time to retrieve and review the records that you requested for exempt material. We do not anticipate a fee for copying charges because the data will be provided electronically. Please confirm via email whether you agree to pay the fee associated with processing your request by May 28, 2010. If we do not receive your agreement to pay the fees by May 28, we will close your request file.
Sincerely,
Keysia A. Thom
I believe getting these records will be important especially in light of the fact that WMATA plans to increase fares AGAIN. The proposed increases will be the largest in the system's history.
I would like your help in raising the money needed to get this request filled. I've set up a Paypal page where you can donate money to help off-set this cost. While I could appeal the decision to charge me, it would cause a delay in the release of the records. I'm asking people to donate at least $2 because the fees Paypal charges make any less amount pointless.
As soon as I receive the data, I'll make it available on this site for immediate download. Once I finish my analysis, I'll post the results.
I expect the data by the end of next week.
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