Update on Freedom of Information Requests

Update on Freedom of Information Requests

DATE: Monday, June 17, 2024
DEPARTMENT: Administration
SUBJECT: Update on Freedom of Information Requests

EXECUTIVE SUMMARY

The City is a public body under the Freedom of Information and Protection of Privacy Act and regularly receives requests for information under that Act. Over the last five years, the City has seen a significant increase in requests for information. The purpose of this report is to provide Council with an update on the number of Freedom of Information (FOI) requests and to seek Council direction with respect to addressing the cost and resources related to providing the service to the public.

BACKGROUND

The City has been subject to the Freedom of Information and Protection of Privacy Act (“FOIPPA”) since its inception in 1996. Prior to 2022, the Records/FOI Coordinator responded to FOI requests and worked on the City’s records retention program. As of February 2022, the role was separated into two positions in response to the growing number of FOI requests received by the City. Between 2017 and 2023 there was a sevenfold increase in FOI requests and 2024 is currently on track to exceed 2023 numbers. Last year, between January 1 and May 31, the City received 36 requests. This year, between January 1 and May 17, the City has already received 67 requests.

The City is bound by FOIPPA to respond within certain timelines. Given the scope and number of requests, this is challenging with current staffing levels.

COMMENTARY

Under FOIPPA, members of the public can make requests for all manner of City records. When a request is received, the City has 30 business days to respond, however, there are circumstances where these timelines may be extended. In order to provide a fulsome response, multiple departments may have to complete searches and submit their records for processing. The records are then reviewed and prepared for disclosure. The City has begun tracking the staff hours spent on collecting records as of 2024. Year to date, excluding the FOI Coordinator, staff have spent at least 183.72 hours responding to FOI requests, which is the equivalent of 5.2 weeks of an additional staff person compiling records for FOI requests. As tracking of the time spent on FOIs was only implemented this year, staff believe that this number is significantly understated, potentially by as much as half.

The Province implemented changes to FOIPPA in November of 2021, including the addition of a maximum $10 (Ten Dollar) application fee which may be charged by public bodies for each FOI request. As the City has not yet implemented an application fee, Council may wish to direct staff to amend the FOI bylaw to include this fee. It should be noted that this fee is not intended to recover the costs of these requests, but rather is intended to deter people from making frivolous requests.

Under the Freedom of Information and Protection of Privacy Act, public bodies are permitted to charge prescribed fees for compiling and preparing records; however, for non-commercial applicants these fees are limited and do not cover the cost of providing the service. To the extent possible, the City charges the fees for processing FOI requests as permitted under the Act. In 2022, the City collected $379.80, in 2023 the City collected $1,139.48 and so far in 2024 the City has collected $2,412.33, offsetting a minimal portion of the cost of providing the service.

Below is a table that shows the number of requests received, by month, since 2021. By comparison, the number of requests received over the four-year period between 2017 and 2020 totaled 110.

Based upon the current trend, the City can expect to significantly exceed last year’s record number of FOI requests.

It is worth noting that this year the City has received multiple requests from eleven people, with the highest number of requests from an individual this year so far being five (there are two individuals that have made 5 requests each). It is also worth noting that over the last 4 years (2021 to May 2024) are three individuals that have made 10 or more FOI requests, with the greatest number of FOI requests by a single individual over this time period being 15. Of the 67 requests received this year to date, 46 have been requests for general records and the remainder have been directly related to the requestor’s personal information.

It is important to note that these requests impact all departments within the organization, thereby affecting service levels, although the processing is done by Legislative Services. Each department is responsible for compiling their records and providing them to the FOI Coordinator as they are best able to identify the requested records. These records must then be reviewed in detail, personal information has to be redacted, third party notices have to be sent and then reviewed, all prior to the response being sent out and all within the legislated timelines.

If this trend continues, additional resources may need to be allocated in Legislative Services in order to be able to process these requests. Therefore, staff are going to continue to monitor the trend and may be coming forward in the future with a request for additional staff to assist with the workload.

FINANCIAL IMPLICATIONS

A one-year term for an FOI Assistant would cost approximately $87,000.00 (wages and benefits). If staff do bring a future request forward, it would be determined at that juncture where the funding would come from. If the position is not added until next year, it would be included in the budget and funded with taxes.

While the City charges for FOI requests as permitted under the Act, this is not sufficient revenue to offset more than a minimal portion of the costs. Even if Council chooses to direct staff to add a ten-dollar ($10.00) application fee in addition to the fees for service, this will not be, and is not intended to be, revenue neutral.

LEGAL IMPLICATIONS

The City is bound by the Freedom of Information and Protection of Privacy Act to respond to requests within the timelines set by the legislation. The Office of the Information and Privacy Commissioner’s “Time extension guidelines for public bodies updated January 2018” states that a lack of sufficient resources, vacations and personal commitments are each invalid circumstances for extending response timelines. While a significant increase in FOI requests may be a valid reason to extend response times, this merely serves to exacerbate the issue as new requests continue to come in.

STRATEGIC PLAN INITIATIVES

5d Improve Access to City information – the implementation of an open data program may reduce the number of FOI requests; however, this is not slated to occur until Q4 2026.

OPTIONS

Option 1

THAT Council direct staff to amend the City of Langford Freedom of Information Bylaw No. 1925, 2020, to include a ten-dollar ($10.00) application fee for all FOI requests.

AND

Direct staff to continue to monitor the situation and bring back a further report if the trend continues upward.

Option 2

THAT Council direct staff not to take action at this time with respect to adding the $10.00 application fee for FOI requests

AND

Direct staff to continue to monitor the situation and bring back a further report if the trend continues upward.

Option 3

THAT Council directs as follows:

1. ________________________________;
2. ________________________________;
3. ________________________________.

SUBMITTED BY

Marie Watmough, Director of Legislative and Protective Services

Concurrence: Donna Petrie, Senior Manager, Communications & Economic Development
Concurrence: Yari Nielsen, Director of Parks, Recreation and Facilities
Concurrence: Matthew Baldwin, RPP, MCIP, Director of Development Services
Concurrence: Leah Stohmann, RPP, MCIP, Director of Community Planning and Climate Change
Concurrence: Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Concurrence: Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence: Braden Hutchins, Deputy Chief Administrative Officer
Concurrence: Darren Kiedyk, Chief Administrative Officer