2.64.060 Fees.
A. The City may charge reasonable fees to cover the City’s actual cost of compiling a record or duplicating a record. The fees shall be established by resolution of the City Council. The initial fees, until changed by resolution, are as set forth in “Exhibit A” attached to the ordinance codified in this chapter and found on file in the office of the City Recorder.
B. When the City compiles a record in a form other than that normally maintained by the City, the actual costs under this section may include the following:
1. The cost of staff time for compiling, formatting, manipulating, packaging, mailing, summarizing, copying, scanning, printing, or tailoring the record into certain formats or media to meet the person’s request;
2. The cost of staff time to search for, locate, and retrieve the record, and other direct administrative costs for complying with a request;
3. In the case of fees for a record that is the result of computer output other than word processing, the actual incremental cost of providing the electronic services and products together with a reasonable portion of the costs associated with formatting or interfacing the information for particular users, and the administrative costs as set forth in subsections (B)(1) and (B)(2) of this section; and
4. Fees for paper photocopies of records or digital copies of records, fees for packaging supplies, and postage fees for mailing records.
C. An hourly charge under subsection (B) of this section may not exceed the fully loaded cost of employment of the lowest paid employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request.
D. The City may fulfill a record request without charge when it determines that:
1. Releasing the record primarily benefits the public rather than a person;
2. The individual requesting the record is the subject of the record;
3. The requester’s legal rights are directly implicated by the information in the record, and the requester is impecunious; or
4. The individual has requested in writing a waiver of the fees due to indigency, and the requester has been granted such waiver by the City Recorder.
E. The City may not charge a fee for:
1. Reviewing a record to determine whether it is subject to disclosure, except as permitted by subsection (B) of this section; or
2. Inspecting a record; or
3. Classification of a record.
F. A person who believes that there has been an unreasonable denial of a fee waiver under subsection (D) of this section may appeal the denial to the City Manager as the Chief Administrative Officer of the City. The appeal must be made in writing and within ten days of the denial of the fee waiver.
G. The adjudicative body hearing the appeal:
1. Shall review the fee waiver de novo, but shall review and consider the City’s denial of the fee waiver and any determination under subsection (D) of this section; and
2. Has the same authority when a fee waiver or reduction is denied as it has when the inspection of a public record is denied.
H. All fees received under this section by the City shall be retained by the City as a dedicated credit. Those funds shall be spent on the actual costs and expenses incurred by the City in providing the requested records.
I. The City may require payment of past fees and future estimated fees before beginning to process a request if:
1. Fees are expected to exceed fifty dollars; or
2. The requester has not paid fees from previous requests.
Any prepaid amount in excess of fees due shall be returned to the requester.
J. This section does not alter, repeal, or reduce fees established by other sections of this municipal code. (Ord. 18-04 (part), 2018: Ord. 93-18 § 6, 1993)