Full Text
RESOLUTION NO. 2009-10 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING CERTAIN FEES ASSOCIATED WITH REQUESTS FOR PUBLIC RECORDS; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PAS SAGE AND APPROVAL. WHEREAS, the Idaho Public Records Act allows a city to adopt certain fees related to locating and providing a copy of public records; and WHEREAS, the City regularly receives requests for public records which require a review of more than one hundred (100) pages of paper records; or includes records from which the non public information must be deleted; or where the actual labor associated with locating and copying documents for requests exceeds two person hours; and WHEREAS, the City wishes to establish a fee for locating and providing public records which reasonably reimburses the City for City staff for time and materials and while minimizing the costs for the location and provision of records which are and should be available to the public pursuant to the Idaho Public Records Act; and WHEREAS, the City, pursuant to Idaho Code Section 9-338(8)(a), wishes to charge the requestor the actual labor associated with locating and copying documents for requests more than one hundred (I 00) pages of paper records, or include records from which the non-public information must be deleted that exceeds two person hours, and including, but not limited to, an attorney's review of such records for compliance with the Idaho Public Records Act; and WHEREAS, the Council hereby delegates to the City Clerk the ability to consider waiver of fees related to public records where the requestor demonstrates ·either the requestor's inability to pay or demonstrates that the public's interests or the public's understanding of the operations or activities of government or its records would suffer by the assessment or collection of the fee; and WHEREAS, the City hereby delegates to the City Clerk the ability to detem1ine whether, based upon the facts and circumstances of the request, an advanced payment of the costs of copying and/or the actual labor costs expended by each City employee utilized to locate, review, and to provide such copies should be required to be paid in advance of receipt of such copies; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: I. Where a request for public records of the City of Moscow is for more than one hundred (I 00) pages of paper records; or the request includes records from which non-public information must be separated, deleted, and/or redacted; or where actual labor associated RESOLUTION- 2009-10 RECORDS REQUESTS fEES PAGE I OF2 ---PAGE BREAK--- with locating and copying documents for a request exceeds two person hours, the requestor shall be charged the actual labor costs expended by each City employee utilized to locate, review, and provide a copy of such records at the hourly wage plus benefits of each such City employee performing such service unless the requestor demonstrates either the requestor's inability to pay or demonstrates that the public's interests or the public's understanding of the operations or activities of govemment or its records would suffer by the assessment or collection of a fee, as determined by the City Clerk. 2. The Clerk may require advance payment of the cost of copying. Any money received by the City shall be credited to the account for which the expense being reimbursed was or will be charged, and such funds may be expended by the City as part of its appropriation from that fund. 3. That this Resolution shall become effective as of201h day of April, 2009. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 20111 day of April, 2009. RESOLUTION-2009-10 RECORDS REQUESTS FEES PAGE 2 OF2