From:   Freeman, Robert (DOS)
Sent:    Monday, February 11, 2013 8:34 AM
Subject:           RE: Third party vendor

Good morning - -

Section 87(1)(c) of FOIL deals with the assessment of a fee based on the actual cost of reproduction and states in relevant part that:

         “In determining the actual cost of reproducing a record, and agency may include only…

iii. the actual cost to the agency of engaging an outside professional service to prepare a copy of such record, but only when an agency’s information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy; and….
iv…..A person requesting a record shall be informed of the estimated cost of preparing a copy of the record is more than two hours of an agency employee’s time is needed, or if an outside professional service would be retained to prepare a copy of the record.”

Additionally, section 89(3)(a) states in part that:

An agency shall not deny a request on the basis that the request is voluminous or
burdensome because the agency lacks sufficient staffing or on any other basis if the
agency may engage an outside professional service to provide copying, programming or
other services required to provide the copy, the costs of which the agency may recover
pursuant to paragraph (c) of subdivision one of section eighty-seven of this article.”

Certainly you may refer to me or this office and use the preceding information as you see fit in your attempts to gain access to records.