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Subject:

Re: FOIA Copying & Service Fees

From:

"Bergeron, Paul" <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Thu, 24 Apr 2003 08:48:41 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (1 lines)


We charge 75 cents for the first page, 10 cents for each page thereafter, per city ordinance. We do not charge for the first half-hour of research, figuring that this is part of pulling the records for copying. If there were a true research request, however, we would charge $25/hour.

Duplication of video or audio tapes is generally $5 plus the cost of the tape. We will not copy "portions" of a tape as the duplicating equipment is left unattended. We turn it on, leave, and come back when the duplication is finished.

A "report" on paper or disk is generally $25. (These might include licensed dogs, voting district checklist, voters who cast ballots in the last election (per ward), etc.)

Some fees are set by state law (e.g., UCC's and vital records.)

Unstated "rule of thumb" in New Hampshire is that our fees cannot surpass the cost to produce the record copy plus up to 20% of that cost. The Courts would consider anything above that amount as excessive and unjustifiable. In conducting our cost analysis, we can include labor, cost of materials, and indirect expenses.

Our law allows us to recover the costs involved in producing the record, so if a request was unusual (e.g., all the websites visited by the Mayor over the last three years), we could presumably charge for the technical expertise needed to retrieve those records.

Certification of copies by notary, $2.00; by City Clerk with city seal, $4.00.

I looked at city and county copying fees back in 1999. Photocopying charges were all over the place. One city charged $1.00 for the first page and 50 cents for each additional copy. Another charged 25 cents per page. Still another charged 50 cents each for the first three pages and 15 cents per page thereafter. Two-sided? Add another nickel per page.

In the end, the office needs to be prepared to justify the fees charged.

Paul R. Bergeron
City Clerk
229 Main Street
Nashua, NH 03060
Telephone: 603/589-3010
Fax: 603/589-3029
http://www.gonashua.com/



-----Original Message-----
From: Charis Wilson [mailto:[log in to unmask]]
Sent: Wednesday, April 23, 2003 6:32 PM
To: [log in to unmask]
Subject: FOIA Copying & Service Fees


I'm posting this for a colleague who doesn't have access to the list.

He's attempting to gather baseline information regarding copying and
service charge schedules that govermental organizations may have in
place in regards to fulfilling FOI requests as part of his
organization's review of their schedules.

In his own words, "Our organization frequently receives requests to
produce paper copies of records under FOIA and 'open records' statutes.
Please respond with any costs or fee schedules that your organization
uses to charge requestors for producing this information. Fees for
government agencies are of particular interest to me. Thanks."
Please respond to me directly and I'll forward the information on to
him.


Charis Wilson
Records Manager
Tom Brown Inc.
Denver, CO
303-260-5126

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