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RECMGMT-L  July 2002

RECMGMT-L July 2002

Subject:

Re: Costs for public information requests

From:

"King, Doug" <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Fri, 26 Jul 2002 12:43:31 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (85 lines)

There is no single law, regulation, judicial rule or line of court cases
that govern fees for access to government records in the USA. We have one
Federal government, and 50 state governments. Federal FOIA does NOT apply to
states' records (with probable exception of programs funded by Fed grants).
Each state has its own law regulating access to open records, and they vary
widely. And I am sure that implementations with states vary widely, as well.

Much of the litigation and Attorney General opinions in Kansas have sought
to clarify what constitutes recovery of "actual costs" that the Kansas Open
Records Act allows State agencies and local governments to charge
requesters. The AG has a summary (organized by the distinct statutes within
KORA) posted at http://www.ink.org/public/ksag/contents/meetings/kora.htm.

Basically, we can charge back direct/marginal costs -- no prorated overhead,
no building space, no capital recovery (e.g., lease of copy machines). Staff
time (including benefits) is allowable. Actual costs to retrieve from
commercial storage sites is allowable. Up to $0.25 per page to copy
(includes associated labor) is allowable. The State AG charges $0.60 per
faxed page, so that must be OK.

Sedgwick County's guideline to our agencies is to NOT charge for relatively
minor costs, as it (1) is inconsistent with our concept of customer service,
and (2) is not economic (costs us more to issue receipts, account for minor
amounts of cash, audit a proliferation of petty cash funds, etc.). Our
threshold for charging is one-half hour of staff time and 20 pages of
copies. Our experience is that this approach works: the mass of individual
requesters get what they want promptly with a minimum of hassle (that is, no
angry protests of "what do I pay my taxes for?"); larger, more complex
requests from commercial entities pay their way, and employees responding to
requests can do more real work. I have created a standard method for
calculating average labor rates in advance for each agency, which the DA
staffer who would get a complaint thinks is reasonable and our County
Counselor can defend. As Freedom of Information Officer, I can waive charges
for requests from academic researchers and for researchers from other
governmental agencies, if (1) the research would benefit the County
organization or the public and (2) if Sedgwick County will share fully in
the research results.

We are also moving toward a position that not all requests (or demands) for
records fit under KORA. That is, we can meet the KORA requirements to
provide access to open records by sitting a requester down at a computer
terminal or with hard copy reports that contain the records he/she seeks.
KORA does not require us to excise subsets from multiple databases,
recombine the subsets to create a custom database to a requester's
specifications, and provide the result on a set of CDs, along with
documentation as to database structure and definitions of field content (and
then rerun the process to update periodically and answer support questions).
Such requests are for a commercial product, and our developing position is
that provision must meet the public interest, requires a contract approved
by the governing body (which may control how the data is used or resold),
should not distort priorities for provision of public services and should be
charged to recover full costs (or better).


 =======================================================================
 Douglas K. King, Records Manager / Freedom of Information Officer
 Sedgwick County DIO-Records Management Srvcs
 Sedgwick Cnty Courthouse / 525 N Main Ste 112 /  Wichita KS 67203-3782
 VOICE 316.660.9846   FAX 316.660.3274 (ATTN: DKing)
 mailto:[log in to unmask]   www.sedgwickcounty.org
 =======================================================================

-----Original Message-----
From: Van Horn, Neal [mailto:[log in to unmask]]
Sent: Thursday, July 25, 2002 6:23 PM
To: [log in to unmask]
Subject: Costs for public information requests


At an ARMA conference I remember a presenter reviewing court cases
concerning the release of none litigated requests for information. He
implied that if you can provide a public record to your Director, that the
same file/email etc. must provided to a requestor at reasonable or no cost.

In other-words the courts where not willing to allow the government a way to
prevent access to government records by telling the requestor that it was
going to cost thousands of dollars.

Are there any "public request for records" policies that address this issue?

Can anyone share court cases citations that verify that a public agency
cannot charge unreasonable costs?

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance

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