Section 2-25.5 Fees.
Prior to the adoption of Ord. 18249 on 09/20/2004, Section 2-25.5 read as follows.
(a) Except as otherwise provided by law, each public governmental
body may prescribe
reasonable fees for providing access to or furnishing copies of public records subject to the
following:
(1) Fees for copying public records shall not exceed ten
(10) cents per page for a paper copy
not larger than nine (9) by fourteen (14) inches, with the hourly fee for duplicating time not to
exceed the average hourly rate of pay for clerical staff of the city. Research time required for
fulfilling records requests may be charged at the actual cost of research time. Based on the scope
of the request, the city shall produce the copies using employees that result in the lowest amount
of charges for search, research and duplication time. Prior to producing copies of the requested
records, the person requesting the records may request the city to provide an estimate of the cost
to the person requesting the records the actual cost of document search and duplication.
Upon
request, the public governmental body shall certify in writing that the actual cost of document
search and duplication is fair, reasonable and does not exceed the actual cost incurred by the
public governmental body. Documents may be furnished without charge or at a reduced charge
when the public governmental body determines that waiver or reduction of the fee is in the public
interest because it is likely to contribute significantly to public understanding of the operations
or
activities of the public governmental body and is not primarily in the commercial interest of the
requester.
(2) Fees for providing access to public records maintained
on computer facilities, recording
tapes or discs disks, video tapes or films, pictures, maps, slides, graphics,
illustrations or similar
audio or visual items or devices, and for paper copies larger than nine (9) by fourteen (14) inches
shall include only the cost of copies, staff time which shall not exceed the average hourly rate
of
pay for staff of the city required for making copies and programming, if necessary, and the cost
of the disk, or tape or other medium used for the duplication. Fees
for maps, blueprints, or plats that require special expertise to duplicate may include the
actual rate of compensation for the trained personnel required to duplicate such maps, blueprints
or plats. If programming is required beyond the customary and usual level to comply with a
request for records or information, the fees for compliance may include the actual cost of such
programming.
(b) Payment of such copying fees may be requested prior to
the making of copies.
(Ord. No. 1164, § 1, 9-21-87; Ord. No. 15733, §
1, 9-8-98)
Note--See the editor's note at § 2-23.