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HomeMy WebLinkAbout12975RESOLUTION NO. 12975 A RESOLUTION ESTABLISHING FEES FOR RESEARCH, RETRIEVAL AND COPYING OF PUBLIC RECORDS AND CRIMINAL JUSTICE RECORDS AND RESCINDING RESOLUTION NO. 11209 WHEREAS, sections 24-72-205 and 24-72-306, 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, House Bill 14-1193 directs that no research and retrieval fee shall be charged for the first hour spent on a request, and the fee thereafter shall not exceed $30 per hour; 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 public records; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 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. Photocopies or printouts on letter or legal size paper:  Black and white copies of public records requiring routine retrieval but no research:  Twenty-five (25) cents ($0.25) per standard page  Color copies of public records requiring routine retrieval but no research:  Fifty (50) cents ($0.50) per page  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  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  Copies of Criminal Justice Records of Official Action, including retrieval and report:  $10.00 per subject (regardless of number of pages)  $ 5.00 per Police Report up to 15 pages (.25 per page after 15 pages)   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. Records searching or research beyond routine retrieval required to provide a document or to generate a report from existing information:  No research and retrieval fee shall be charged for the first hour spent on a request, and the fee thereafter cannot exceed $30 per hour. 3. Fingerprinting  $20.00 for producing an original set of inked fingerprints  $0.25 for each page of photocopied fingerprints 4. Mapping: a. Existing Maps and Plans:  $ .75 per square foot or portion thereof for blue prints or blue line drawings on paper  $2.00 per square foot or portion thereof for Plotting (PDF, CAD Drawings) 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 creating a customized map or completing a special project together with all material costs incurred. 5. Copies in standard electronic formats: Information or data copied from computers or computer media: actual cost of the electronic media provided to the requester (CD, DVD, Jump drive, etc.) 6. Postage or Shipping:  Actual Cost 7. 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. 8. 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. 9. 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. SECTION 3: The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the transactions described herein. SECTION 4: This Resolution shall become effective July 1, 2014 and Resolution No. 11209 is hereby rescinded. INTRODUCED: June 9, 2014 BY: Ami Nawrocki COUNCILPERSON City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: June 9, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Office of the City Clerk SUBJECT: A RESOLUTION ESTABLISHING FEES FOR RESEARCH, RETRIEVAL AND COPYING OF PUBLIC RECORDS AND CRIMINAL JUSTICE RECORDS AND RESCINDING RESOLUTION NO. 11209 SUMMARY: Attached is a Resolution updating the fee schedule for the research, retrieval and copying of Public Records and Criminal Justice Records. PREVIOUS COUNCIL ACTION: On January 28, 2008 City Council passed and approved Resolution No. 11209 which established fees associated with the research, retrieval and copying of public records and criminal justice records. BACKGROUND: Sections 24-72-205 and 24-72-306 of the Colorado Revised Statutes (Public Records) authorize reasonable fees to be charged for search, retrieval and copying of those public records and criminal justice records which are available for public inspection. During the 2014 Legislative Session, House Bill 14-1193 was approved and signed by Governor Hickenlooper. This Bill requires record custodians have in place a Records Policy stating the amount to be charged for research and retrieval of records in response to Colorado Open Records Act (CORA) requests. HB 14-1193 does not alter the substantive requirements of CORA, it simply addresses the allowable costs associated with the research and retrieval of such records in response to CORA. The Bill clarifies that no research and retrieval fee shall be charged for the first hour spent on a request, and the fee thereafter shall not exceed $30 per hour. Currently, Resolution No. 11209 sets the fee for records searching or research beyond routine retrieval required in order to provide a document or to generate a report from existing information as the 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 by the City. Depending on the level of staff doing the research, this hourly fee could be quite high. BACKGROUND (Continued): This Resolution also updates current fees associated with the research and delivery of documents in electronic media. It removes the specific type of electronic formats that were used in the past; however are no longer available; and specifies that the charge will be the actual cost to provide the type of electronic media that is being requested (CD, DVD, Jump- Drive, etc). HB 14-1193 was signed by Governor Hickenlooper and takes effect July 1, 2014. The Bill requires a written policy, either published or posted, as a condition for imposition of research and retrieval fees, of which this Resolution shall be considered the City’s written policy and shall be posted on the City of Pueblo’s website. FINANCIAL IMPLICATIONS: The cost to research and retrieve documents would be borne by the taxpayers if they are not recovered through fees. HB 14-1193 concerns only that allocation of costs between taxpayers and the records requestor. The fee schedule for the variety of copies currently made shall remain the same. These fees are intended only to recover the City of Pueblo’s actual cost associated with the generation of a specific report from existing information and for the actual cost of reproducing the information requested by the general public. BOARD/COMMISSION RECOMMENDATION: Not Applicable STAKEHOLDER PROCESS: A committee of departmental representatives was formed to review the current Resolution. Besides coming into compliance with HB 14-1193, the intent of this Resolution is to identify each of the various reproduction classes and to assign a fee for the actual cost to the City for the necessary reproduction of such public records and criminal justice records. ALTERNATIVES: To the extent one favors no or low research and retrieval fees would favor a greater burden on the taxpayer; conversely, to the extent fees approach actual cost, the cost to taxpayers is necessarily lessened. That is the central policy issue in HB 14-1193 and this Resolution RECOMMENDATION: Approval of the Resolution Attachments: Fee Schedule FEES FOR RESEARCH, RETRIEVAL AND COPYING OF PUBLIC RECORDS AND CRIMINAL JUSTICE RECORDS Photocopies or printouts on letter or legal size paper:  Black and white copies of public records requiring routine retrieval but no research:  Twenty-five (25) cents ($0.25) per standard page  Color copies of public records requiring routine retrieval but no research:  Fifty (50) cents ($0.50) per page  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  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  Copies of Criminal Justice Records of Official Action, including retrieval and report:  $10.00 per subject (regardless of number of pages)  $ 5.00 per Police Report up to 15 pages (.25 per page after 15 pages)   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 Records searching or research beyond routine retrieval required to provide a document or to generate a report from existing information:  No research and retrieval fee shall be charged for the first hour spent on a request, and the fee thereafter cannot exceed $30 per hour. Fingerprinting  $20.00 for producing an original set of inked fingerprints  $ .25 for each page of photocopied fingerprints Mapping: a. Existing Maps and Plans:  $ .75 per square foot or portion thereof for blue prints or blue line drawings on paper  $ 2.00 per square foot or portion thereof for Plotting (PDF, CAD Drawings) 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 creating a customized map or completing a special project together with all material costs incurred. Copies in standard electronic formats:  Information or data copied from computers or computer media: actual cost of the electronic media provided to the requester (CD, DVD, Jump drive, etc.) Postage or Shipping:  Actual Cost 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. 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. 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.