W The Michigan Daily - michigandaily.cam Thursday, December 8, 2011 - 5A The Michigan Daily - michigandailycom Thursday, December 8, 2D11 - 5A RECORDS From Page 1A versity of Michigan is to share knowledge and to share infor- mation, and it's something that we take very seriously here," she said. REQUEST FOR PCARD TRANSACTIONS In April, the Daily submitted a FOIA request for records of PCard transactions of all Uni- versity of Michigan-Ann Arbor employees during fiscal year 2010. Out of roughly 42,000 Univer- sity faculty and staff, about 6,100 possess a PCard, according to Rowan Miranda, associate vice president for finance. The cards can be used like credit cards, and employees use them to pay for travel, research expenses or sup- plies for departments. Most Uni- versity employees with a PCard have a spending limit of $5,000, and total PCard expenses for the University average $105 million to $115 million per year, accord- ing to Miranda. The University implemented the PCard system, which stores expense reports electronically, in 1995 to better track employee spending and reduce the cost of small-dollar purchases. "The modern business prac- tice is to use PCards because the cost of processingthe transaction when used appropriately can be so much less," Miranda said. Upon receiving a phone call from Sellinger that the Daily's request for PCard transactions would cost thousands of dollars, the Daily narrowed the request to employees in the Office of the President and upper level admin- istrators including: University Provost Philip Hanlon, Athletic Director Dave Brandon, Execu- tive Vice President for Medical Affairs Ora Pescovitz, Executive Vice President and Chief Finan- cial Officer Timothy Slottow, Vice President for Development Jerry May, Vice President for Research Stephen Forrest, Vice Presi- dent and General Counsel Suel- lyn Scarnecchia, Vice President for Student Affairs E. Royster Harper and Executive Director of Research Communications David Lampe., On May 27, the FOIA Office responded that the information would cost $1,800. Asubsequentattempttonarrow the request to University Presi- dent Mary Sue Coleman - instead of her entire office - and six of the nine aforementioned administra- tors yielded an $870 fee. An appeal submitted to Gary Krenz, special counsel to Uni- versity President Mary Sue Cole- man, to lower the cost of the PCard FOIA request is pending. Under section 15.234 of the Michigan Freedom of Informa- tion Act, institutions may only charge for the cost of producing records, which often means the cost of printing and mailing doc- uments. However, a public body may charge a fee in order to pay an employee to review content - such as students' transcripts or private information like Social Security numbers - that may be exempt from the law. The law states that public bodies may only impose a fee if a request "would result in unreasonably high costs to the public body because of the nature of the request." In this case, Lisa Mikalonis, an intellectual property and media attorney based in Southfield, Mich., said the Daily's request is "more of a usual request which arguably would fall under the that part of the definition where (the Daily) shouldn't have been charged anything at all." To gauge whether the cost of retrieving PCard data at the Uni- versity of Michigan was reason- able, the DailysentFOIArequests over the past three months to each Big Ten school asking for all PCard transactions of univer- sity employees who possessed a PCard in fiscal year 2010. North- western University and Penn- sylvania State University are exempt from FOIA laws because Northwestern is a private school and Penn State is protected by Pennsylvania's Right-to-Know law, which doesn't require uni- versities to grant public access of their information. Of the schools that responded, Ohio State University, University of Illinois at Urbana-Champaign and University of Nebraska- Lincoln sent the records free of charge. Purdue University requested $500 for the six months of data it had on file. Michigan State University requested $200 for 10 hours of labor to compile records of more than 140,000 transactions. The University of Iowa requested $181.50 for three hours of labor to gather records for more than 2,500 employees who totaled 275,000 PCard trans- actions. Each state has different open records laws with various fee regulations, but LoMonte said it doesn't make sense that the Uni- versity of Michigan would charge thousands of dollars to retrieve the same information other uni- versities offered for free or at a lower cost. "If Michigan is like most schools, that data is all comput- erized, and it's the kind of thing that ought to be retrievable by a skilled IT person in a matter of hours and not days or weeks," he said. At the University, the FOIA Office charges for requests if more than two hours of labor are required to obtain the informa- tion. The office calculates charg- es of requests based on what it would cost to pay the hourly sal- ary of the lowest-paid employee capable or authorized to find the requested material. Section 15.234 of the Freedom of Information Act states that a public body must identify the nature of "unreasonably high costs" - meaning that a body must provide a cost breakdown if it imposes a fee. The Daily asked for a cost breakdown of the $870 fee on Sept. 15, 2611 and did not receive the estimate until Nov. 11, 2011. The cost breakdown to gener- ate PCard transactions indicated that it would cost $72.50 per hour to retrieve PCard transactions for Coleman and $346.63 per hour for Pescovitz. In an interview Tuesday, Sell- inger explained that the cost is so high because, due to privacy con- cerns, each administrator named in the request would have to review his or her PCard transac- tions and redact any information for individuals whose identities could be revealed in the PCard statement. "It is our obligation to make sure we don't provide informa- tion that we shouldn't," she said. Despite the disparity in fees charged by the Big Ten schools, Doyle said the University of Michigandoesn'tusecosttodeter requests, and fees are always "very carefully calculated." She added that the sheer number of people at the University makes it difficult to keep costs down for large requests like PCards trans- actions for all employees. "I thinkthe thingthathappens here that other institutions don't experience is the large number of people that are involved around the University when you give a request like that," she said. "We just have a larger population of people with PCards." REQUEST FOR PARKING TICKETS On Sept. 16, 2011 the FOIA Office notified the Daily via a written letter that it would cost $1,240 to respond to a Sept. 11, 2011 request for the number of parking tickets given out by the DepartmentofPublic Safetyeach day from Sept. 1, 2010 to Sept. 1, 2011. When the Daily inquired about the expense, Sellinger responded that parking ticket reports are stored in separate computer files for each day, and $1,240 is what it would cost to pay one person to download every file in one year. An appeal submitted to Krenz to lower or waive the cost of the FOIA request was denied last month. University Department of Public Safety spokeswoman Diane Brown confirmed it would take several hours to look up parking ticket data because the information is stored by day and not month or year. She explained that the system doesn't pose record-keepingproblems for DPS officers because the city of Ann Arbor handles disputes and pay- ments of parking tickets. However, LoMonte pointed out that parking ticket reports are the kind of data a school should be able to generate in a matter of minutes or "with the push of a few buttons." "If the institution is well-man- aged, they ought to be able to put their hands on their own records easily, and if they can't - if vari- ous obvious records are kept in a disorganized way or non-search- able way - you really have to ask yourself if that university has management problems," LoMon- te said. University spokesman Rick Fitzgerald said some data at the University can be accessed in a few minutes with a computer, while other records are still kept on paper. "There's an enormous range of how information is stored, and I can well imagine that that's the case in any large decentralized institution like the University of Michigan," he said. After requesting similar park- ing ticket information from the 10 other Big Ten schools subject to open records requests, eight of the schools sent the informa- tion at no cost. Of those, three sent the monthly - instead of daily - breakdown of parking tickets. The only other school to charge a fee was MSU, which charged $250 to provide a daily breakdown for how many of the 115,684 tickets given last year were handed out by the Michigan State Police Department. Upon submitting a FOIA request to the city of Ann Arbor for the number of parking tickets administered by the Ann Arbor Police Department in the same time period, the city provided data for 90,925 tickets at no cost. An Oct. 6 response to a sepa- rate FOIA request to the Univer- sity's FOIA Office indicated that DPS issued 43,078 parking tick- ets from Sept. 1, 2010 to Sept. 1, 2011. When comparing MSU's cost to the University of Michigan, Mikalonas, the attorney, said both schools could be following the state's FOIA guidelines and calculate different fees. How- ever, she said it's suspicious that the University would charge hundreds of dollars more when it gave out fewer tickets than MSU. "A $1,000 discrepancy, to me, suggests that somebody was makingthe calculation incorrect- ly because I can't imagine that those two departments would be that different in terms of their hourly wages for the lowest-paid employee to find the amount of... parkingtickets (given each day)," Mikalonis said. A COST TO COMPUTE A COST In addition to the PCard trans- actions and parking ticket data requests, the Daily submitted a request on Nov. 13 asking for all reports and/or documents that mention the Native American Graves Protection and Repatria- tion Act from March 26, 2010 to the present. In a phone conver- sation last month, Sellinger said the request was so large that the office may have to charge a deposit in order to calculate the cost estimate of the FOIA response. In an interview this week, Sellinger said it would take more than two hours to contact every University employee encom- passed in the request and pro- duce a cost estimate. "When a request is that broad, it's difficult for us to proceed if the time to prepare the cost esti- mate exceeds the time that we would normally charge," Sell- inger said. But LoMonte and Mikalonis said charging a deposit to calcu- late an estimate is not permitted under the law. "They're supposed to charge you only for directly respond- ing to the request, not for some incidental or tangential cost," LoMonte said. However, the University typi- cally requires a requester to pay half the fee of a FOIA cost before the office starts to collect data, which Mikalonis said complies with the law. "(A FOIA officer) can't say, 'I need fee' " can sa going the fe it.' " In receiv reque in 20 accord FOIA Lo schoo profit they c way t that d pen. to tin that and g actual are de said." poking charg of den denyir not in Doy view ' the ca Michi "It'; FOIA hold Doyle value of sac Oft versit the m entitie neys.I ing em compe Athlet have docut to the In Michi versit man s compl possib "W becau that w as we( are so don't compl ply be we're a deposit to determine the good for society. I think it builds Mikalonis said. "But she trust." y, 'Here is what the fee is But Mikalonis said even if to be. I need 50 percent of public institutions don't mind e before I then go through sharing information, they often charge expensive fees because they don't want to be bothered. THE HIGH-COST "In today's economy, public FOIA TREND bodies are very understaffed," she said. "So you're asking some- 2010, the University body to stop what they're doing ed $7,878 from FOIA and respond, and that cduld be st fees as well as $11,841 another basis for comingup with 09 and $22,184 in 2008, what are arguably unreasonably ding to the 2010 University fees to deter you - not neces- report. sarily because they don't want Monte explained that it public - but because they just Is cannot legally make a don't want totake the time to get off FOIA requests, and you that information." annot use large fees as a Additionally, LoMonte said o deter requests. However, though the media often acts oesn't mean it doesn't hap- in the public's interest when requesting records, many insti- e definitely see from time tutions get away with charging ne that there are schools exorbitant fees because few news are marking up the cost organizations have the money to rossly overestimating the challenge fees or denials of open 1 cost for what we think records requests in court. Aerrent motives," LoMonte "Government agencies have They just don't like people figured out that they can get a g into their business, and way with a lot of concealment ing a jackpot fee is a way knowing that the odds of being lying their request without challenged are in their favor," ng a request in function, if LoMonte said. word." However, there are instances yle emphasized in an inter- of professional and student jour- Tuesday that this is not nalists challenging institutions ase with the University of of higher education about their gan. open records requests. In Octo- s never our goal to deter a ber, a student journalist at The request because we really Campus Ledger - the student it extremely essential," newspaper of Johnson Coun- said. "It's that democratic try Community College - and of FOIA that we hold kind the Student Press Law Center red in our office. " brought a lawsuit against the :he 436 requests to the Uni-- Kansas college for charging the y last year, 111 came from newspaper $47,426 to obtain edia, 105 came from private e-mails exchanged between two es and 55 came from attor- administrators during a seven- Personal records - includ- month period. The school also nployment agreements and estimated it would cost $9,745.96 ensation information for to obtain just one day of e-mails. tic Department officials - Last week, the former student been the most requested journalist won the lawsuit, and nents since 2007, according the cost for the records was low- report. ered to $450. an interview with The In LoMonte's opinion, the gan Daily on Tuesday, Uni- media has to "really need the y President Mary Sue Cole- record" to be motivated enough aid the University tries to to take an institution to court y with as many requests as over a denial or fee. le. "There are very few news e make a very sincere effort organizations that are willing se, ultimately, I believe to spend tens of thousands of 'e need to be as transparent dollars chasing public records can," Coleman said. "There in this economy," LoMonte said. me things that either we "That's just the sad reality." have records or we can't y with, but we try to com- - Daily News Editor cause we don't have things Joseph Lichterman trying to hide. This is contributed to this report. MAJOR From Page 1A centration and a professor of philosophy and women's studies, said the program aims to equip students with the analytical skills necessary to combat cur- rent global issues. "(The goal of the program is) to learn how to understand and describe what's going on with these phenomena of politics and economics in relation to what do we want the world to be like," Anderson said. She said the concentration emphasizes a combination of qualitative and quantitative rea- soning - skills that can prepare students for success in the com- petitive job market. Due to the necessary faculty supervision for advising and limited resources, the number of students accepted to the concen- tration will be capped at 20 stu- dents next semester, according to Anderson. Anderson said the concentra- tion will be a good fit for "people who want to combine their pas- sion for making the world better with very solid empirical under- standing of (global issues)." She said similar programs have proven to be popular among students at other universities, such as the University of Penn- sylvania, University of Arizona, Duke University, University of North Carolina and Yale Univer- sity. Economics Prof. Jim Adams said he is excited about the collaboration because he is interested in interdisciplinary concentrations. He said the care- ful and reflective analytical tools provided by the curriculum will provide students with a variety of career paths ranging from education to legal practice. "The program takes the best of the verbally rigorous training of the LSA with the best of the quantitative training of the LSA and puts it together in a dyna- mite package," Adams said. He added that the PPE pro- gram is expected to be a chal- lenging concentration. "There are a lot of hurdles that students will have to jump to navigate this program suc- cessfully," Adams said. "It will require a lot of initiative on the part of the student." LSA sophomore Phillip Schermer, who said he is inter- ested in applying to the program, said he views 'the smaller sized concentration as a way to per- sonalize a much larger school. "When students have oppor- tunities where they can work in smaller groups with people with similar interests, they feel a deeper connection to the Univer- sity," Schermer said. He added that unlike double or triple majors, the PPE pro- gram frees up credits to explore other fields. Schermer also said he likes that the concentration consolidates multiple ranges of study and interests. "I don't know if I want to go into law or business, and (the PPE concentration) sets me up to do both," Schermer said. "This allows me to follow my career interest, and it allows me to take other interesting classes in the University." DRIVERS From Page 1A According to the study, the rates of teenagers with driver's licenses have decreased at every age. In 1983, 80 percent of 18 year olds held driver's licenses, and in 2008, the number was 65 per- cent. Sixteen-year-olds are also less likely to have a license today than they were 25 years ago. In 2008, 31 percent of 16 year olds had a license, compared to 46 percent in 1983, according to the study. Young adults under age 30 are also less likely to be on the road today, as the study indicates a 10-percent drop in the number of drivers in their 20s and a 5 percent drop in drivers who are in their 30s compared to 1983 levels. Another main finding of the study, according to Sivak, is that senior citizens are becoming less likely to relinquish their licenses as they grow older. "We think that this reflects the fact that the elderly are less likely to give up their mobility now than they were 25 years ago," Sivak wrote. Fred Woodhams, a spokesman for the Michigan Department of State, confirmed that an increas- ing number of senior citizens are continuingto stay on the roads, as America's population continues to age. "We recognize that people are living longer lives and living (more) active lives," Woodhams said. He added that senior drivers seem to be "very safe drivers" since they tend to use their seat belts often and are not likely to drive drunk or be overly aggres- sive behind the wheel. Senior citizens account for 16.5 percent of Michigan drivers, but only represent 8 percent of driv- ers involved in crashes, according the Woodhams. However, Woodhams acknowl- edged that senior drivers do tend to raise public concern. "The issue of senior drivers is (one) we get a lot of questions about, especially from families," he said. "We encourage people to be aware of their abilities." Sivak echoed Woodham's sen- timents, adding that the shift in age of America's drivers could have serious implications for the number of vehicles purchased and environmental consequences of transportation in the future. FOLLOW THE MICHIGAN DAILY ON TWITTER @MichiganDaily @MichDailyNews @MichDailyOpEd @MichDailyArts @MichDailyFball @MichDailySports