Critic of Amherst officials irked at fee for records request

By SCOTT MERZBACH

Staff Writer

Published: 01-10-2023 9:18 AM

AMHERST — A vocal critic of some members of the Town Council and government officials is describing the town’s latest action to charge her more than $300 to fulfill a public records request “petty and unfortunate.”

Vira Douangmany Cage of Longmeadow Drive last month requested all emails, texts and other written correspondence between Town Council President Lynn Griesemer and the town’s Police Department since July 5, when officers responded to a late-night gathering of youths on Main Street. Cage also has requested similar communications between Griesemer and her fellow councilors during the last two months of 2022.

In response to Cage’s Dec. 20 public records request, Town Clerk Susan Audette, as the town’s records access officer, informed Cage last week of the cost associated with providing the information.

Audette provided a preliminary estimate of $612.50 to complete the work on the records, though that cost could rise by another $300, depending on the amount of time needed to extract text messages. The initial $312.50 fee for the email and written correspondence is being waived by the town.

“We anticipate that due to the format and volume of potentially responsive text records it will take approximately two-three weeks after receipt of your payment to provide copies,” Audette wrote.

The response from the town clerk explains that with an estimated 1,000 emails to comb through in November and December, it will take 30 seconds to one minute per email to remove exempt information, such as personal phone numbers, home addresses and email addresses. Still, Audette said that information could be provided to Cage by Wednesday, Jan. 11.

Cage, who said she won’t pay the fee, has the right to appeal to the state’s supervisor of public records or bring her case to Superior Court.

Cage said she disagrees with the price tag associated with her request and the timing of the response, noting that the Town Council was expected to reorganize Monday, with the election of the president and vice president on the agenda. Griesemer has served as the president since the inaugural council was seated in December 2018 and was reelected to the position that night.

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Monday’s meeting also saw a response to an Open Meeting Law complaint filed against Griesemer for calling meetings with police officers in early December.

“The amount the town is seeking is petty and unfortunate when there is an Open Meeting Law complaint on the table,” Cage said. “It makes me suspicious the town is hiding or delaying damaging communication, particularly when there is an election for Town Council president coming up.”

Cage has responded so far by sending an email expressing concern about the fee she would be charged to the Town Council, Griesemer, Town Manager Paul Bockelman, Council Clerk Athena O’Keeffe and Audette appealing for relief from paying for the public records. But she was informed by Audette that her initial recourse is to appeal to the state.

“Waiving the fee would restore confidence that Town Hall is committed to transparency,” Cage said. “For those who have been shut out of the political machine, this gesture would be a good first step to show the Town Council as a body has a backbone.”

Bockelman wrote in an email that the town is following the usual practice in responding to public records requests, and there is no appeals process other than to the state. He also notes that the town is not seeking remuneration for the emails and written records.

“We strive to meet the request as quickly and completely as possible and to keep the requestor informed as we work to meet the request,” Bockelman wrote.

Cage’s request also asks for a list of all meetings, announcements or invitations to any meetings related to the gatherings of councilors and police in December.

Those sessions are the subject of an Open Meeting Law complaint filed by resident Allegra Clark, who chairs the town’s Community Safety and Social Justice Committee.

Griesemer earlier said her understanding is those meetings are exempt from state law as listening sessions, but the formal response to the complaint won’t come until Monday.

Scott Merzbach can be reached at smerzbach@gazettenet.com.]]>