2.06.001_Cost of Public RecordsMarch 26, 2001
TO:
FROM:
RE:
CITY OF ROHNE RT PAF
OFFICE OF THE CITY ATTORNEY
6750 Commerce Blvd.
Rohnert Park, California 94928
MEMORANDUM
City Manager
Department Heads
Betsy Strauss
Cost of Public Records
Policy #: 2.06.001
Type: City Council
Effective Date: 2001
Former Policy #: 309.13
It seems as if our practice varies regarding the amount we charge for copies of public
records. The purpose of this memo is to set forth the law on this subject:
1. The maximum we are allowed to charge for a document made available in response to
a request for public records is a fee "covering direct costs of duplication, or a statutory
fee if applicable." (In most cases, a statutory fee is not applicable.) (Gov't Code
6253).
2. The "direct costs of duplication" is the cost of running the copy machine, and
conceivably also the expense of the person operating it. (North County Parents
Organization for Children with Special Needs v Department of Education (1994) 23
CaLApp.4th 144).
3. The trend over the years has been to limit rather than broaden the base upon which the
fee is calculated. The original wording of the statute allowed a "reasonable fee" to be
charged. In 1975 an amendment limited the "reasonable fee" to not more than $.10 per
page. An amendment in 1976 deleted "reasonable fee" and inserted instead "the actual
cost of providing the copy." Finally, the present version of the statute was adopted in
1981 limiting the fee to the "direct costs of duplication."
4. Perhaps Sandy would like to suggest a method for determining how to establish a fee
that covers the cost of Fanning the copy machine and the expense of the person
operating it.
(707) 588-2214 1 bstrauss@rpcity.org
-2- March 29, 2001
Records in Electronic Format
1. If the City has information that constitutes a public record in an electronic format, the
City must make the electronic format available upon request.
2. The cost of duplication "shall be limited to the direct cost of producing a copy of a
record in an electronic format." (Gov't Code S 6253.9(a)(2)).
3. However, the requester must bear the cost of producing a copy of record, including the
cost to construct a record, and the cost of programming and computer services
necessary to produce a copy if either (a) the City is required to produce a copy of the
record that is produced only at otherwise regularly scheduled intervals; or (b) the request
requires data compilation, extraction, or programming to produce the record.
4. The City is not required to reconstruct a record in an electronic format if the record is
no longer available in that format.
5. Perhaps Sandy would like to suggest a method for determining how to establish a fee
that covers the cost of producing a copy of a record in an electronic format.
Please share this information with your administrative staff. Please let me know if you have
any questions.
Thank you for your attention.