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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.