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There is a direct case for public agencies in Tennessee.  The TN Supreme
Court, in Tennessean v Electric Power Board of Nashville (NES), decided that
public agencies may charge "actual costs."  The cost structure cannot
"substantially inhibit disclosure of records."  The public agency cannot
charge the requesting individual for notification to customers whose records
are included in the public records request.  The case may be found at
http://tscaoc.tsc.state.tn.us/opinions/tsc/pdf/984/tenness.pdf

Hope this helps.

Byron Grizzle
Records Manager
Davidson County Sheriff's Office
506 Second Avenue North
[log in to unmask]
(615) 862-8162 (office)
(615) 862-8535 (fax)


> -----Original Message-----
> From: Roach, Bill J. [SMTP:[log in to unmask]]
> Sent: Friday, July 26, 2002 6:03 PM
> To:   [log in to unmask]
> Subject:      Re: Costs for public information requests
>
> >>Can anyone share court cases citations that verify that a public agency
> cannot charge unreasonable costs?<<
>
> Neal,
> I believe it would be rare to see a court decision on this issue. While
> there are times when the issue actually results in a court decision, most
> of
> the time the offending party is directed by the agency responsible for
> open
> records to change their policy.
>
> Bill Roach, CRM
> EDMS Coordinator
> ND ITD/Records Management
> 701-328-3589
>
> List archives at http://lists.ufl.edu/archives/recmgmt-l.html
> Contact [log in to unmask] for assistance

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