(1) The City may charge a reasonable fee to cover its actual cost of duplicating, certifying, or compiling a record. This fee must be approved by the City Manager.
(2) (a) 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:
(i) the cost of staff time for summarizing, compiling, formatting, manipulating, packaging, or tailoring the record, either into an organization or media to meet the person's request;
(ii) the cost of staff time for search, retrieval, and other direct administrative costs for complying with a request; and
(iii) 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 (2)(a)(i) and (ii).
(b) The hourly charge may not exceed the salary of the lowest paid employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request, provided, however, that no charge may be made for the first quarter hour of staff time.
(c) 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 (2)(a) and (b), may be charged.
(3) Fees may be established by ordinance or resolution adopted by the City Council.
(4) The City may fulfill a record request without charge when it determines that:
(a) releasing the record primarily benefits the public rather than a person;
(b) the individual requesting the record is impecunious and is the subject of the record, or an impecunious individual specified in Subsections 4.01.202(1) or (2); or
(c) the requester's legal rights are directly implicated by the information in the record, and the requester is impecunious.
(5) No fee will be charged for:
(a) reviewing a record to determine whether it is subject to disclosure, except as permitted by Subsection (2)(b); or
(b) inspecting a record.
(6) (a) A person who believes that there has been an unreasonable denial of a fee waiver under Subsection (4) may appeal the denial in the same manner as a person appeals when inspection of a public record is denied under Section 4.01.205.
(b) The adjudicative body hearing the appeal has the same authority when a fee waiver of reduction is denied as it has when the inspection of a public record is denied.
(7) All fees received under this Section shall be retained by the City and may be used to recover the actual cost and expenses incurred in providing the requested record or record series.
(8) The City may require payment of past fees and future estimated fees before beginning to process a request if fees are expected to exceed Fifty Dollars ($50.00), or if the requester has not paid fees from previous requests. Any prepaid amount in excess of fees due shall be returned to the requester.
(9) This Section does not alter, repeal, or reduce fees established by other ordinances, resolutions, statutes, or legislative acts.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 00-24, Amended, 6/1/2000
Ord. No. 954, Enacted, 6/18/1992
Ord. No. 13-11, Amended, 7/18/2013
Ord. No. 16-23, Amended, 5/19/2016