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HomeMy WebLinkAbout14455RESOLUTION NO. 14455 A RESOLUTION ADOPTING NEW POLICIES AND PROCEDURES FOR RESEARCH, RETRIEVAL, AND COPYING OF PUBLIC RECORDS AND CRIMINAL JUSTICE RECORDS WHEREAS, Sections 24-72-201 et. seq. and 24-72-301 et. seq. of the Colorado Revised Statutes authorize the City to adopt rules concerning the inspection of Public Records and Criminal Justice Records and set fees for research and retrieval of those records; and WHEREAS, the City currently charges $30.00 per hour for research and retrieval of public records and criminal justice records as established by Resolution No. 12975 and Resolution No. 13745; and WHEREAS, the Colorado Legislature has recently increased the maximum amount that the City is allowed to charge for such services from $30.00 per hour to $33.50 per hour, in order to address inflation over the past five years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The “City of Pueblo Colorado Open Records Act Rules” attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The “City of Pueblo Colorado Criminal Justice Records Act Rules” attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 3. Resolution No. 12975, adopted by the City Council on June 9, 2014, is hereby rescinded to the extent that it is inconsistent with this Resolution. SECTION 4. Resolution No. 13462, adopted by the City Council on June 27, 2016, is hereby rescinded to the extent that it is inconsistent with this Resolution. SECTION 5. Resolution No. 13745, adopted by the City Council on August 14, 2017, is hereby rescinded to the extent that it is inconsistent with this Resolution. SECTION 6. 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 policies and procedures described herein. SECTION 7. This Resolution shall become effective immediately upon final approval. INTRODUCED: August 10, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 10, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar FROM: Brenda Armijo, City Clerk SUBJECT: A RESOLUTION ADOPTING NEW POLICIES AND PROCEDURES FOR RESEARCH, RETRIEVAL, AND COPYING OF PUBLIC RECORDS AND CRIMINAL JUSTICE RECORDS SUMMARY: Attached is a Resolution adopting updated procedures for the research, retrieval and copying of Public Records and Criminal Justice Records as required by Colorado Law. PREVIOUS COUNCIL ACTION: On January 28, 2008 the 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. On June 9, 2014 City Council passed and approved Resolution No. 12975 which updated the fees associated with the research, retrieval and copying of public records and criminal justice records. On June 27, 2016 the City Council passed and approved Resolution 13462 adopting rules governing access to public records in accordance with state law and Resolution No. 12975. On August 14, 2017 the City Council passed and approved Resolution 13745 rescinding Resolution 13462 in whole and Resolution No. 12975 in part and adopting 2 CPR 901 et. seq. governing access to public records in accordance with state law. 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. Section 24-72-205 of the Colorado Revised Statutes limits fees charged by the City for research and retrieval of public records to $30 per hour for every hour after the first hour (the first hour must be free of charge). Section 24-72-205 also requires the Colorado Legislature adjust the hourly fee for research and retrieval every five years beginning July 1, 2019. On July 1, 2019 the Colorado Legislature increased the maximum fee the City may charge for research and retrieval of public records from $30 per hour to $33.50 per hour. This adjustment was made based on inflation between 2014 and 2019. The first hour of research and retrieval of public records is still free of charge (the first hour of research and retrieval for criminal justice records is not free of charge). Under Section 24-72-306 of the Colorado Revised Statutes Criminal Justice Records do not have a limit on how much can be charged for search, retrieval, and copying but any fees charged by the City must be “reasonable.” In the interest of uniformity this resolution will adopt rules setting Criminal Justice records fees in line with Public Records fees. The City’s current fees are set by Resolution No. 12975 and Public Records Access Rules as adopted by Resolution No. 13745. This Resolution will raise the fees for research and retrieval of public records and criminal justice records to $33.50 per hour. The decision was made to raise the fee by $3.50 in order to make calculations easier for both requestors and City staff. FINANCIAL IMPLICATIONS: Public Records: The City currently charges $30 per hour for every hour of staff time over 60 minutes that it takes to produce public records. The increase to $33.50 for every hour over 60 minutes that it takes to produce public records is intended to adjust the fee to keep up with inflation. Criminal Justice Records: The City currently charges $30 per hour for every hour of staff time that it takes to produce criminal justice records, including the first hour. The increase to $33.50 for every hour of staff time it takes to produce criminal justice records is intended to adjust the fee to keep up with inflation. This Resolution will not require the City to expend any funds, it is likely however, this increase in fees will cause a nominal increase in money collected by the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: If this Resolution is not approved, fees will continue at their current levels and will not be adjusted for inflation. RECOMMENDATIONS: Approve the Resolution. Attachments: Proposed Resolution, City of Pueblo Colorado Open Records Act Rules and City of Pueblo Colorado Criminal Justice Records Act Rules Colorado Open Records Act Rules Rule 101. Title. This section shall be known and may be cited as the “Administrative Rules Governing City of Pueblo Compliance with the Colorado Open Records Act,” and for convenience may be referred to as “CORA Rules.” Rule 102. Authority. The Colorado Open Records Act, C.R.S. §§24-72-201 et seq. (as may be amended from time to time) (“the Act”), requires that all public records be open for inspection by any person at reasonable times, except as provided by law. The Act allows the official custodian of public records to adopt rules concerning the inspection of such records to protect the integrity of the records and to prevent unnecessary interference with the regular operational duties of the City’s employees that may be caused by requests under the Act. Rule 103. Purposes and application. 103.1. These CORA Rules are intended to establish general procedures with regard to providing the public with timely, orderly, and appropriate access to and inspection of public records maintained by the City, and to set reasonable and standardized fees for research, retrieval, review, and copying pursuant to the Act. 103.2. These CORA Rules do not apply to records requested under the Colorado Criminal Justice Records Act (“CCJRA”), C.R.S. §§24-72-301 et seq. (as may be amended from time to time). Requests for records under CCJRA should be directed to the Pueblo Police Department. 103.3. The City Clerk is the official custodian of records for public records maintained by the City, excluding Criminal Justice Records. The City Clerk will ensure consistent application of the procedures in these CORA Rules, but may delegate certain responsibilities to department heads in order to facilitate responses to requests made under the Act. 103.4. It is the desire and goal of the City to conduct business in a transparent manner within prudent and legal parameters. To that end, the public is encouraged to visit www.pueblo.us see if the records they wish to request are already available for inspection online. to Rule 104 to Rule 110. Reserved. Rule 111. Definitions in the Act. 111.1. Definitions in the Act are incorporated in these CORA Rules, unless the context clearly requires a different interpretation. In the event of a conflict between a definition set forth herein and in the Act, the definition in the Act shall prevail. Amended 07/07/2020 Page 1 111.2. Other expressly defined terms in these CORA Rules shall have the following meanings: “Applicant” means the party requesting records. “Official Custodian” means the City Clerk or designee. “Research/Retrieval/Review/Production Time” means the time expended by City staff and/or third party contractors to gather and review records made the subject of any request. Rule 112 to Rule 120. Reserved. Procedures Rule 121. Specificity of requests. All requests for public records shall be in writing and must be specific as to the records sought, including subject matter, types of records, dates covered, etc. Requests for communications must identify, to the extent reasonably practicable, names or titles of parties to the communications. For any request the Official Custodian deems to be vague or overly broad, he/she may require a more specific written request before incurring any time or expense in preparing a formal response or making the public records available for inspection to the Applicant. An Applicant shall use the request form prescribed by the Official Custodian or shall otherwise provide the information requested by the request form. Rule 122. Excessive, burdensome, or harassing requests. In order to prevent unnecessary interference with the regular operational duties of City employees, the City may in its discretion limit applications to three (3) separate items per request. The City reserves the right to process multiple requests in groups of three (3). The City reserves the right not to respond to that portion of any communication that contains demeaning, harassing, or threatening language, or consists of interrogatories, editorials, or other such comments. Rule 123. Submission of written requests. Requests for public records may be submitted by mail, facsimile, email, or hand- delivery. Requests should be made directly to the City Clerk’s Office. For an Applicant’s convenience, the Official Custodian has a records request form that an Applicant may complete in order to facilitate and expedite a records request. The form can be found at www.pueblo.us. Rule 124. Format of data. Records will be provided in a format or medium determined by the Official Custodian. Records will not be provided in a specific format or medium requested by the Applicant unless that format or medium is the form in which the record is normally kept. Amended 07/07/2020 Page 2 Rule 125. Manipulation of data. The City is not required to create any new public record in response to a request. Records and data need only be provided in the format in which they currently exist. In the event that the City consents to any manipulation of data, the Applicant will be charged staff time for the work. Rule 126. Duplication of records. The City will not screen requests from the same Applicant in order to avoid duplication of records. It is the Applicant’s responsibility to ensure that the requests are not duplicative. In the event duplicate records are produced, no refunds will be provided. Rule 127. “Continuing requests.” Requests made for future records that are not yet in existence or requests that a record be made on a continuing or periodic basis will not be fulfilled. Rule 128. Possession, control, and protection of City records. In order to protect City records, no original records may be removed from the files or taken from the site designated by the City for inspection. The City reserves the right to require supervision of the inspection and copying. The Official Custodian may authorize the Applicant to copy public records using the Applicant’s own equipment (e.g., cell phone camera), but such authorization must be made prior to any copying. The City reserves the right to withdraw records being inspected, or sought to be inspected by the public, for operational purposes. The City reserves the right to charge and prosecute anyone who intentionally destroys, defaces, removes from the designated inspection site, or alters public records or property. Rule 129. Office hours for inspection of public records. All public records shall be open for inspection between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, except City observed holidays or during City facility closures. The Official Custodian may abbreviate the hours on any given day if the Official Custodian deems that the request to inspect unduly interferes with the operational duties of the City’s employees or for any emergency. Rule 130. Identification of Applicant. Responding to requests under the Act is expedited by the Applicant providing appropriate contact information. The identification of the Applicant is also relevant to whether certain information can be disclosed to that Applicant under the Act. The City reserves the right to deny any request if the Official Custodian determines the application does not contain sufficient information to respond to the request. Amended 07/07/2020 Page 3 Rule 131. Time to respond to Open Records Requests. Pursuant to the terms of the Act, the City shall make the public records requested available within three (3) business days, unless extenuating circumstances exist, in which case, up to an additional seven (7) business days may be added. A finding of extenuating circumstances shall be made in writing by the Official Custodian, and shall be provided to the Applicant. Rule 132. Allowance or denial of inspection. The Official Custodian shall follow the requirements, protections, and exemptions of the Act and Colorado case law when determining whether to allow or deny any request of inspection of records, which include, but are not limited to: inspection would be contrary to state or federal law or regulation; release of the record would violate a court order; or disclosure would be contrary to public interest. The Official Custodian’s decision shall be final for purposes of appeal under Colorado law. Rule 133. Copyrighted Materials. If there is a request for any document that the City reasonably believes is copyrighted, either because of a statement contained on the document or by the inclusion of the copyright symbol ©, the document will not be photocopied. Rule 134. Deleted documents. Unless the Applicant can provide a sufficient factual basis to establish bad faith, the City shall have no duty to recreate or reconstruct any mailbox or hard drive in order to respond to a request for documents or emails which have been deleted. Rule 135. Redaction of non-public or exempted matters. The Official Custodian may redact any non-public record or matters that require non- disclosure under any exemption in the Act or case law. Rule 136. Abandoned requests. Failure to inspect the public records at the agreed upon time and place will be deemed an abandoned request. The City may return the records to their proper locations within two (2) business days, or a shorter period if needed by the City for any use. If the records are returned to another location as a result of an abandoned request, a new request must be made to inspect those records. Rule 137 to Rule 150. Reserved. Amended 07/07/2020 Page 4 Fees Rule 151. Fees. 151.1 Research/Retrieval/Review/Production Time. Public records that are responsive to a request, and not covered by an exemption, may be inspected at no cost if the document already exists, and it takes sixty (60) minutes or less of cumulative staff time to produce the public records; however, the City will charge a fee of $33.50 per hour for the staff time exceeding sixty (60) minutes. Notwithstanding the foregoing, the City reserves the right to require supervision of the inspection and copying of any public records. 151.2 Hard copies. The City’s fee for producing hard copies of any record shall be twenty-five cents per standard page. The fee for a non-standard page shall be the actual cost of providing the copy. 151.3 Transmission. The Applicant shall be required to pay all costs associated with the transmission of the records, as well as any costs associated with the production of the records, prior to the City’s transmitting any record. No transmission fee will be imposed for records transmitted by electronic mail. Rule 152. Electronically stored data. Due to security reasons, any requests for electronically stored data, such as emails, require initial research, retrieval, and review for exemption by City staff, which may include staff attorney time and/or a third-party contractor. Fees for such time will be charged at the rate of $33.50 per hour in excess of the first hour. Rule 153. Deposit and pre-pay requirements. The Official Custodian may require a monetary deposit and/or prepayment before commencing action to retrieve and make available the records. The Applicant, when required, must pre-pay the estimated costs before the City commences action to retrieve and make available the records. If the final amount is greater than the estimate, the Applicant shall pay the additional amount at the time the records are made available. If the final amount is less than the estimate, the amount of overpayment shall be refunded. Rule 154. Forms of payment. Whenever fees are assessed pursuant to these CORA Rules, the City will accept payment in the forms that are accepted at that time by the City’s Finance Department. Except as stated herein, payment shall be made at the time the records are made available. Rule 155 to Rule 159. Reserved. Amended 07/07/2020 Page 5 Digital Records Rule 160. Digital format. If a public record is stored by the City in a digital format, the Official Custodian shall provide a copy of a public record, subject to appropriate redactions, in a digital format as follows: 160.1. If the digital format of the public record is searchable, but not sortable, then the custodian shall provide a copy in a searchable format (such as Word or a searchable Portable Document Format a.k.a. "PDF'). 160.2. If the digital format of the public record is sortable, then the custodian shall provide a copy in a sortable format (such as Excel or a comma-separated values format a.k.a. "CSVJ”). 160.3. If a record is stored by a custodian in a digital format that is not searchable or sortable (such as scanned or saved document in non-searchable PDF format) the Official Custodian is not required to convert it to a searchable or sortable format, may provide it in the digital format in which it is stored. Rule 161. Exceptions to digital format production. If the record is either searchable or sortable, the Official Custodian does not have provide records in those formats under the following circumstances: 161.1. Copyright/Licensing: Releasing the record would violate terms of any copyright or licensing agreement with a third party or result in the release of a third party's propriety information 161.2. Not Feasible: After making reasonable inquiries, it is not technologically or practically feasible to permanently remove information permitted to be withheld or it is not technologically or practically feasible to provide a copy of the record in a searchable or sortable format or if the Official Custodian would be required to purchase software or create additional programming or functionality of its existing software to remove information. Rule 162. Alternative Formats and Written Declaration. If the Official Custodian is not able to comply with a request for a public record in a requested format, the Official Custodian shall produce the record in an alternative format and shall provide, in writing, a declaration as to the reasons for not being able to provide the information in the requested format. Rule 163 to Rule 169. Reserved. Amended 07/07/2020 Page 6 Pre-Litigation Matters Rule 170. Alternative Methods of Resolving Disputes. 170.1. Notice: An Applicant seeking relief from the District Court under the Act, must provide at least fourteen (14) days written notice to the Official Custodian prior to filing an application with the District Court. 170.2. Meeting: During the 14-day period, the Official Custodian who has denied access must meet with or speak by telephone with the Applicant to determine if the dispute may be resolved without applying to the District Court. 170.3. Alternative Dispute Resolution: The meeting may include recourse to any method of alternative dispute resolution (“ADR”) agreeable to both parties, with the parties sharing expenses o f A D R equally. 170.4. No resolution: If the meeting does not lead to a resolution, the Applicant can then seek relief from the District Court. Rule 171. Expedited Need Exception. No meeting to determine whether the dispute can be resolved without applying to the District Court needs to be held if the Applicant requesting access requires expedited access and provides written notice to the Official Custodian of the expedited need, with a written factual basis for such expedited need, at least three (3) business days prior to applying to the District Court. Rule 172 to Rule 199. Reserved. Amended 07/07/2020 Page 7 Colorado Criminal Justice Records Act Rules Rule 101. Title. This section shall be known and may be cited as the “Administrative Rules Governing City of Pueblo Compliance with the Colorado Criminal Justice Records Act,” and for convenience may be referred to as “CCJRA Rules.” Rule 102. Authority. The Colorado Criminal Justice Act, C.R.S. §§24-72-301 et seq. (as may be amended from time to time) (“the Act”), requires that criminal justice records be open for inspection by any person at reasonable times, except as provided by law. The Act allows the official custodian of criminal justice records to adopt rules concerning the inspection of such records to protect the integrity of the records and to prevent unnecessary interference with the regular operational duties of the City’s employees that may be caused by requests under the Act. Rule 103. Purposes and application. 103.1. These CCJRA Rules are intended to establish general procedures with regard to providing the public with timely, orderly, and appropriate access to and inspection of criminal justice records maintained by the City, and to set reasonable and standardized fees for research, retrieval, review, and copying pursuant to the Act. 103.2. These CCJRA Rules do not apply to records requested under the Colorado Open Records Act (“CORA”), C.R.S. §§24-72-201 et seq. (as may be amended from time to time). Requests for records under CORA should be directed to the Pueblo Police Department. 103.3. These CCJRA Rules do not apply to records held by the Municipal Court. 103.4. The Pueblo Police Department Records Manager (“Records Manager”) is the official custodian of records for criminal justice records maintained by the City, excluding Municipal Court records. The Records Manager will ensure consistent application of the procedures in these CCJRA Rules but may delegate certain responsibilities in order to facilitate responses to requests made under the Act. 103.5. It is the desire and goal of the City to conduct business in a transparent manner within prudent and legal parameters. To that end, the public is encouraged to visit www.pueblo.us to see if the records they wish to request are already available for inspection online. Rule 104 to Rule 110. Reserved. Rule 111. Definitions in the Act. 111.1. Definitions in the Act are incorporated in these CCJRA Rules, unless the context clearly requires a different interpretation. In the event of a conflict between a definition set forth herein and in the Act, the definition in the Act shall prevail. Amended 07/07/2020 Page | 1 111.2. Other expressly defined terms in these CCJRA Rules shall have the following meanings: “Applicant” means the party requesting records. “Official Custodian” means the Pueblo Police Department Records Manager or designee. “Research/Retrieval/Review/Production Time” means the time expended by City staff and/or third party contractors to gather and review records made the subject of any request. Rule 112 to Rule 120. Reserved. Procedures Rule 121. Specificity of requests. All requests for criminal justice records shall be in writing and must be specific as to the records sought, including subject matter, types of records, dates covered, etc. For any request the Official Custodian deems to be vague or overly broad, he/she may require a more specific written request before incurring any time or expense in preparing a formal response or making copies of the criminal justice records available to the Applicant. An Applicant shall use the request form prescribed by the Official Custodian or shall otherwise provide the information requested by the request form. Rule 122. Excessive, burdensome, or harassing requests. In order to prevent unnecessary interference with the regular operational duties of City employees, the City places a limit of three (3) separate items per request. The City reserves the right to process multiple requests in groups of three (3). The City reserves the right not to respond to that portion of any communication that contains demeaning, harassing, or threatening language, or consists of interrogatories, editorials, or other such comments. Rule 123. Submission of written requests. Requests for criminal justice records may be submitted by mail, facsimile, email, or hand- delivery. Requests should be made directly to the Pueblo Police Department. For an Applicant’s convenience, the Official Custodian has a records request form that an Applicant may complete in order to facilitate and expedite a records request. The form can be found at www.pueblo.us. Rule 124. Format of data. Records will be provided in a format or medium determined by the Official Custodian. Records will not be provided in a specific format or medium requested by the Applicant unless that format or medium is the form in which the record is normally kept. Amended 07/07/2020 Page | 2 Rule 125. Manipulation of data. The City is not required to create any new criminal justice record in response to a request. Records and data need only be provided in the format in which they currently exist. In the event that the City consents to any manipulation of data, the Applicant will be charged staff time for the work. Rule 126. Duplication of records. The City will not screen requests from the same Applicant in order to avoid duplication of records. It is the Applicant’s responsibility to ensure that the requests are not duplicative. In the event duplicate records are provided, no refunds will be provided. Rule 127. Continuing requests. Requests made for future records that are not yet in existence or requests that a record be made on a continuing or periodic basis will not be fulfilled. Rule 128. Possession, control, and protection of City records. In order to protect City records, no party shall be allowed to inspect original criminal justice records. The Official Custodian shall review all requests for criminal justice records and make a determination as to which records, if any, may be released. The Official Custodian will then create copies of those records to be released to the Applicant. No copies will be released unless the applicant has complied with all other provisions in these rules and all state and local law; including payment of all applicable fees. The Official Custodian may, but is not required to, authorize the Applicant to inspect original criminal justice records. The Official Custodian may, but is not required to, authorize the Applicant to create copies of original criminal justice records using the Applicant’s own equipment (e.g., cell phone camera). Any authorization made under this section must be made prior to any copying. The City reserves the right to withdraw records being inspected, or sought to be inspected by the public, for operational purposes. The City reserves the right to charge and prosecute anyone who intentionally destroys, defaces, removes from the designated inspection site, or alters criminal justice records or property. Rule 129. Office hours for inspection of criminal justice records. Inspection of original criminal justice records, when authorized, shall be by appointment only and must be arranged with the Official Custodian prior to the date of inspection. Requests for copies of criminal justice records may be made at the Pueblo Police Station between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday except City observed holidays or during City facility closures. Requests made by email or facsimile may be made at any time but will not be deemed to have been received until the next day the Police Station is open. Amended 07/07/2020 Page | 3 Rule 130. Identification of Applicant. Responding to requests under the Act is expedited by the Applicant providing appropriate contact information. The identification of the Applicant is also relevant to whether certain information can be disclosed to that Applicant under the Act. The City reserves the right to deny any request if the Official Custodian determines the application does not contain sufficient information to respond to the request. Rule 131. Time to respond to Open Records Requests. Pursuant to the terms of the Act, the City shall make the criminal justice records requested available as soon as is practical given the nature of the request. Availability may be delayed so as not to interfere with the regular business of the City. Rule 132. Allowance or denial of inspection. The Official Custodian shall follow the requirements, protections, and exemptions of the Act and Colorado case law when determining whether to allow or deny any request for criminal justice records, which include, but are not limited to: inspection would be contrary to state or federal law or regulation; release of the record would violate a court order or court rule; or disclosure would be contrary to public interest. The Official Custodian’s decision shall be final for purposes of appeal under Colorado law. Rule 133. Copyrighted Materials. If there is a request for any document that the City reasonably believes is copyrighted, either because of a statement contained on the document or by the inclusion of the copyright symbol ©, the document will not be photocopied. Rule 134. Deleted documents. Unless the Applicant can provide a sufficient factual basis to establish bad faith, the City shall have no duty to recreate or reconstruct any mailbox or hard drive in order to respond to a request for documents which have been deleted. Rule 135. Redaction exempted matters. The Official Custodian may redact matters that require non-disclosure under any exemption in the Act or case law. Rule 136. Abandoned requests. Failure to inspect the criminal justice records at the agreed upon time and place will be deemed an abandoned request. The City may return the records to their proper locations within two (2) business days, or a shorter period if needed by the City for any use. If the records are Amended 07/07/2020 Page | 4 returned to another location as a result of an abandoned request, a new request must be made to inspect those records. Copies of records shall be held for thirty (30) days from the date the Applicant is informed the records are ready for pickup. After thirty (30) days the copies will be destroyed, and the City will not refund any fees already paid in connection with the abandoned request. A new request must be made, and applicable fees must be paid before additional copies will be released. Rule 137 to Rule 150. Reserved. Fees Rule 151. Fees. 151.1. Research/Retrieval/Review/Production Time. The City will charge a fee of $33.50 per hour for staff time spent researching, retrieving, reviewing, copying, and/or producing the requested material. Notwithstanding the foregoing, the City reserves the right to require supervision of the inspection and copying of any criminal justice records. 151.2. Records Check (Official Action) The City’s fee for conducting a check of city records for records of official action shall be ten dollars ($10.00). 151.3. Hard copies. The City’s fee for producing hard copies of any police report shall be five dollars ($5.00) for the first fifteen (15) pages and twenty-five cents ($0.25) per standard page for each standard page in excess of fifteen (15) pages. For a copy of a police officer issued citation or arrest report the fee shall be ten dollars ($10.00). For copying of all other criminal justice records the fee shall be twenty-five cents ($0.25) per standard page. The fee for a non-standard page shall be the actual cost of providing the copy. 151.4. Electronic Media. The City’s fees for producing photographs or video on a disc shall be two dollars and fifty cents ($2.50) per disc. The Official Custodian has no obligation to manipulate data in order to limit the number of discs required to fulfill a request. Rule 152. Digitally stored data. Due to security reasons, any requests for electronically stored data, require initial research, retrieval, and review for exemption by City staff, which may include staff attorney time and/or a third-party contractor. Fees for such time will be charged at the rate of $33.50 per hour. Rule 153. Deposit and pre-pay requirements. The Official Custodian shall require a monetary deposit and/or prepayment before commencing action to retrieve and make available the records. The Applicant shall be required to pre-pay the estimated costs before the City commences action to retrieve and make available the records. If the final amount is greater than the estimate, the Applicant shall pay the additional amount at the time the records are made available. If the final amount is less than the estimate, the amount of overpayment shall be refunded. Amended 07/07/2020 Page | 5 Rule 154. Forms of payment. Whenever fees are assessed pursuant to these CCJRA Rules, the City will accept payment in the forms that are accepted at that time by the City’s Finance Department. Except as stated herein, payment shall be made at the time the records are made available. Rule 155 to Rule 169. Reserved. Pre-Litigation Matters Rule 170. Alternative Methods of Resolving Disputes. 170.1. Notice: An Applicant seeking relief from the District Court under the Act, must provide at least fourteen (14) days written notice to the Official Custodian prior to filing an application with the District Court. 170.2. Meeting: During the 14-day period, the Official Custodian who has denied access must meet with or speak by telephone with the Applicant to determine if the dispute may be resolved without applying to the District Court. 170.3. Alternative Dispute Resolution: The meeting may include recourse to any method of alternative dispute resolution (“ADR”) agreeable to both parties, with the parties sharing expenses of ADR equally. 170.4. No resolution: If the meeting does not lead to a resolution, the Applicant can then seek relief from the District Court. Rule 171. Expedited Need Exception. No meeting to determine whether the dispute can be resolved without applying to the District Court needs to be held if the Applicant requesting access requires expedited access and provides written notice to the Official Custodian of the expedited need, with a written factual basis for such expedited need, at least three ( 3) business days prior to applying to the District Court. Rule 172 to Rule 199. Reserved. Amended 07/07/2020 Page | 6