Legal Documents of Baneberry

Costs for inspection and copying of public records:

1. The city may establish reasonable fees to cover the direct cost of the reproduction of records. Such fees shall include the actual cost of reproduction, plus labor costs when applicable.
   
   
   1. Fifteen cents (15¢) per page shall be charged for each standard eight and one-half by eleven inch (8-1/2" x 11") or eight and one-half by fourteen inch (8-1/2" x 14") black and white copy, produced. An amount equivalent to the charge for two (2) separate copies (thirty cents (30¢) per page) will be charged for duplex copies if city equipment supports this function.
   2. If a public record is maintained in color, color copies may be produced if the custodian's department has color copying capabilities. If color copies can be produced, the records custodian shall advise the requestor that the record can be produced in color if the requestor is willing to pay a charge higher than the fifteen cents (15¢) per page charge for black and white copies. If the requestor requests a color copy, a charge of fifty cents (50¢) per page will be assessed for each eight and one-half by eleven inch (8-1/2" x 11") or eight and one-half by fourteen inch (8-1/2" x 14") color copy produced.
   3. If actual costs are higher than those listed above, or if the requested records are produced in a medium other than eight and one-half by eleven inch (8-1/2" x 11") or eight and one-half by fourteen inch (8-1/2" x 14") paper, the records custodian may assess higher charges based on actual cost. If higher charges based on actual cost are charged, they will be based on a schedule of charges documenting the city's actual cost and enumerating the calculation and reasoning for the charges.
   4. New fee schedules based on actual costs may be published by city resolution, a copy of which shall be maintained with the ratified copy of this section.
2. The city may establish reasonable fees to cover labor costs for copies in addition to the direct cost for copies. Labor costs shall be assessed as follows:
   
   
   1. There will be no charge for the first hour of labor incurred in producing material for copying.
   2. After the first hour, the requestor shall be charged the hourly wage of the employee's time reasonably needed to produce the requested records. The hourly wage shall be based upon the base salary of the employee and does not include benefits. If an employee is not paid on an hourly basis, the hourly wage shall be determined by dividing the employee's annual salary by the required hours to be worked per year.
   3. The records custodian shall utilize the most cost efficient method of producing the requested records.
   4. There will be no labor charge, if the city representative making the copies is an authorized volunteer or an unpaid city official.
3. All fees for purposes identified in § 20-104(1) shall be due at the time such costs are incurred.
4. No fees shall be assessed against employees, authorized staff volunteers, or city officials who make requests which are reasonably necessary to the performance of their official duties.
5. No reproduction fee shall be assessed when an employee, authorized staff volunteer, or city official determines that the cost of charging and handling the fee exceeds the cost of providing a copy without charge.
6. If the requested records exist electronically, but not in the format requested or a new or modified computer program or application is necessary to convert or put the records in a readable and reproducible format or it is necessary to access backup files, the records custodian shall charge the requesting party the actual costs incurred in producing the records in the format requested or in creating or modifying a computer program or application necessary to put the records in a readable and reproducible format or in accessing backup files.
7. Electronic records will only be produced in a "read only" format. (Ord. #215-1, June 2015)