HomeMy WebLinkAbout11209RESOLUTION NO. 11209
A RESOLUTION ESTABLISHING FEES FOR RESEARCH, RETRIEVAL AND COPYING OF
PUBLIC RECORDS AND CRIMINAL JUSTICE RECORDS AND RESCINDING
RESOLUTION NO. 9451
WHEREAS, sections 24 -72 -205 and 24 -72- 306(1), C.R.S. authorize reasonable fees to be
charged for search, retrieval and copying of those public records and criminal justice records
which are available for inspection; and
WHEREAS, the City of Pueblo maintains various public records and criminal justice
records which may be available for inspection and copying; and
WHEREAS, reasonable and uniform fees should be established which are sufficient to
recover the City's actual costs for research and for copying such records,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
.q Fr.TInN 1
In all cases in which a person has a right to inspect a public record of the City, the person
may request a copy, printout or photograph of the record. In order to obtain a copy, printout
or photograph of such record, the person shall pay to the custodian of such records search
and copy fees, calculated in the following manner:
1. For photocopies or printouts on 8 Y2" by 11" paper:
a. Black and white copies of public records requiring routine retrieval
but no research:
Twenty -five (25) cents ($0.25) per standard page
b. Color copies of public records requiring routine retrieval but no
research:
Fifty (50) cents ($0.50) per page
C. Black and white copies of criminal justice records (other than
Records of Official Action) requiring routine retrieval but no
research:
Twenty -five (25) cents ($0.25) per standard page
d. Color copies of criminal justice records (other than Records of
Official Action) requiring routine retrieval but no research:
Fifty (50) cents ($0.50) per page
e. Copies of Criminal Justice Records of Official Action, including
retrieval and report:
$10.00 per subject (regardless of number of pages)
f. Certification of any record as a true copy on file in the office of the
applicable records custodian (if requested):
$5.00 per each document so certified
2. For records searching or research beyond routine retrieval required to provide a
document or to generate a report from existing information:
Actual cost to the City including employee's salary, benefits and
other compensation for the actual time spent in performing the
research or generating the information together with all material
costs incurred
3. For information or data from computers or computer media, actual cost to the
City including the employee's salary, benefits and other compensation for the
actual time spent in satisfying the request, actual cost of outside services if
necessary and cost of the media provided to the requester (paper, diskette, tape,
etc.)
4. For sending copies by fax (in addition to other charges that apply):
$1.25 per page for long distance fax
$0.50 per page for local fax
5. For fingerprinting
$20.00 for producing an original set of inked fingerprints
$0.25 for each page of photocopied fingerprints
6. For mapping:
a. Existing Maps and Plans:
$ .75 per square foot or portion thereof for blueprints or blue
line drawings on paper
$2.00 per square foot or portion thereof for CAD drawings/
plots on paper
b. Customized Maps and Special Projects:
Actual cost to the City including employee's salary,
benefits and other compensation for the actual time spent
in performing the research or generating the information
together with all material costs incurred
7. For copies in standard electronic formats:
Diskette: $1.00 per diskette for existing files plus actual cost
of research, if any
CD -Rom: Actual cost of employee time to produce CD +
$2.00 per CD
Audio Tape: $5.00 per tape
Video Tape: $10.00 per tape
8. For postage or shipping:
Actual Cost
9. If a request is made for information or data in a form not used by the City:
The actual cost of manipulating the data and generating a report or the
information in accordance with the request. The computation of actual
cost shall include employee salary, benefits and other compensation
for the actual time spent in manipulating the data and generating the
report or information in accordance with the request, as well as the
cost of materials used or consumed and the incremental cost of
providing any electronic services and products associated with the
request.
10. When copies of records are requested by another public or governmental entity
or agency which, as a matter of policy, routinely provides copies of its
documents to the City without charge, in connection with a routine exchange
of public information for the mutual benefit of the City and such other entity or
agency, copying fees may be waived by the director of the affected City
department
11. Prior to making a copy of a public record or criminal justice record, the custodian
may require an advance deposit of the amount of the estimated search and copy
fees in cash or certified funds.
SECTION 2:
This Resolution shall not apply to the retrieval and copying of records by one
department, board, agency or commission of the City for any other department, board, agency
or commission of the City.
SECTION 3
This Resolution shall become effective upon final passage approval and Resolution
No. 9451 is hereby rescinded.
INTRODUCED January 28, 2008
BY Vera Ortegon
Councilperson
ANT W
PRESIf NT'ei Cif' Council
ATTEST D BY
[FED11 CD
Background Paper for Proposed
RESOLUTION
DATE: JANUARY 28, 2008 AGENDA ITEM
DEPARTMENT: CITY CLERK'S OFFICE
GINA DUTCHER, MMC
TITLE
A RESOLUTION ESTABLISHING FEES FOR RESEARCH, RETRIEVAL AND COPYING OF
PUBLIC RECORDS AND CRIMINAL JUSTICE RECORDS AND RESCINDING
RESOLUTION NO. 9451
F *ill y
Should City Council rescind Resolution No. 9451 and adopt a new Resolution relating to the
fees for research, retrieval and copying of public and criminal justice records?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
A committee of departmental representatives was formed to review the current Resolution and
the various types of reproduction efforts that were taking place. The intent of this Resolution is
to include all of the reproduction classes that are currently being done and to charge actual
costs of the City for the research and/or reproduction of public records and criminal justice
records.
Amendments and changes to C.R.S. §24 -72 -205 (copy, printout or photograph of a public
record) set forth in Senate Bill 07-045 are binding on the City of Pueblo.
Governor Ritter signed SB-07 -045, sponsored by Senator Andy McElhany, R- Colorado Springs.
This legislation, which took affect last August, reduces the permitted copying charge for records
pursuant to the Open Records Act from a fee not to exceed $1.25 per page (unless actual costs
exceed that amount) to a flat $.25 per page. This Resolution not only coincides with this
legislation, but also updates other fees that are being charged by the City for the reproduction of
public records.
FINANCIAL IMPACT
The fees are intended to recover the City of Pueblo's cost for time spent doing research and the
actual cost for reproducing the information requested by the general public; therefore, there is
no financial impact.
Current Fee Proposed Fee
Copies of public record requiring
routine retrieval but no research: $.50 per page $.25 per page
Color copies of public records requiring
routine retrieval but no research: $.50 per page $.50 per page
Copies of criminal justice records
(other than Records of Official Action)
requiring routine retrieval but no research: $1.25 per page for the $.25 per page
first 3 pages; $.50 per page
thereafter
Color copies of criminal justice records
(other than Records of Official Action)
requiring routine retrieval but no research: $1.25 per page for the $.50 per page
first 3 pages; $.50 per page
thereafter
Copies of Criminal Justice Records of
Official Action $10.00 per subject $10.00 per subject
Certification of any record as a true copy
On file in the office of the applicable
Custodian Not included $5.00 per each
certification
For sending copies by Fax $1.25 per page
long distance
$.50 per page local
For fingerprinting $20.00 for each
set of inked prints
For photocopied fingerprints Not Included
For mapping
$1.25 per page
long distance
$.50 per page local
$20.00 for each
set of inked prints
$.25 for each page
• Existing maps and plans $.75 per sq It or $15 per sq It or portion
portion thereof thereof
• CAD drawings/plots on paper $1.00 per sq foot or portion $2.00 per sq it or portion
thereof thereof
• Customized maps
Actual Cost
Actual Cost
For copies in standard electronic format
• Diskette:
$1.00
$1.00
• CD -ROM
Actual cost to produce
Actual cost to produce
plus $2.00 per CD
plus $2.00 per CD
• Audio tape:
$5.00 per tape
$5.00 per tape
• Video Tape:
Not included
$10.00 per tape
For postage and shipping
Actual cost
Actual cost