HomeMy Public PortalAbout059-2010 - Public records feeORDINANCE NO. 59-2010
AN ORDINANCE ESTABLISHING A UNIFORM FEE SCHEDULE FOR
CERTIFICATION OF DOCUMENTS, COPYING OF DOCUMENTS, AND POSTAGE
REIMBURSEMENT FEES FOR REQUESTS FOR PUBLIC RECORDS OR
DOCUMENTS MADE PURSUANT TO INDIANA CODE 5-14-3
WHEREAS, Title 5, Article 14, Chapter 3, of the Indiana Code sets forth the law concerning
access to public records and pursuant to Indiana Code (IC) 5-14-3-8, the Common
Council, as the fiscal body of the City of Richmond, shall establish a uniform fee
schedule for the certification or copying of documents; and
WHEREAS, The Uniform Fee Schedule should set forth fees for (I) the certification of
documents; (II) the copying of any documents or records; and (III) fees for
reimbursement of actual postage costs to supply a requesting party with
documents or records; and
WHEREAS, Pursuant to IC 5-14-3-8 any certification fee charged by a unit may not exceed
Five Dollars ($5.00) per document for certification; and
WHEREAS, Pursuant to Indiana Code 5-14-3-8 the copying fees may not exceed the greater of
ten cents ($.10) per page for copies that are not color copies and twenty-five cents
($.25) per page for color copies, or the actual cost to the agency of copying the
document (where actual cost is defined as "the cost of paper and the per -page cost
for use of copying or facsimile equipment and does not include labor costs or
overhead costs"); and
WHEREAS, City Departments have provided information to the Law Department in order to
calculate the actual costs per page for copies made on various copying machines
throughout the City and for various document sizes in order that all fees charged
may be uniform; and
WHEREAS, Because actual costs for standard copies do not exceed the costs set forth in IC 5-
14-3-8 the City is permitted to charge ten cents ($.10) per page for copies that are
not color copies and twenty-five cents ($.25) per page for color copies and
additionally may charge the actual costs per page for non-standard sized pages;
and
WHEREAS, The costs shall be uniform for copies provided to a requesting party, provided
however that pursuant to IC 5-14-3-8(f) costs for copies of certain documents may
exceed any costs established by the Common Council as specified by state statute
or as ordered by a court (i.e. police reports) and those documents shall not be
subject to the Uniform Fee Schedule; and
WHEREAS, Additionally, recent Public Access Counselor opinions have stated that because
Indiana Code 5-14-3 is silent on the issue of postage, public agencies may charge
only the actual cost of standard mailing rates, and as such it is in the best interest
of the City of Richmond that any public records or documents that are sent to a
requesting party require actual postage costs to be reimbursed; and
WHEREAS, It is in the best interest of the City of Richmond to approve and establish a
Uniform Fee Schedule in accordance with Indiana Code 5-14-3-8; and
WHEREAS, The City should repeal all prior ordinances and resolutions establishing copy,
certification, and postage fee schedules for public record or document requests.
NOW, THEREFORE, be it ordained by the Common Council as the Fiscal Body of the City of
Richmond that the findings and determinations set forth above in the recitals and preambles to
this Ordinance are hereby made the findings and determinations of the City of Richmond.
NOW, THEREFORE, be it also ordained by the Common Council of the City of Richmond that
pursuant to Indiana Code 5-14-3 a Uniform Fee Schedule be approved and established as
follows:
UNIFORM CERTIFICATION, COPY,
AND POSTAGE FEE SCHEDULE
I. CERTIFICATION FEE
The City of Richmond may charge a certification fee in the amount of
Five Dollars and Zero Cents ($5.00) per document.
H. COPYING COSTS (per page/item):
A. Black and white copies, letter & legal: 104
Double -sided 134
B. Color copies, letter & legal: 254
Double -sided 284
C. Black and white copies, 11" x 17" 104
Double -sided 134
D. Color copies, 11" x 17" 254
Double -sided 284
E. Normal Autocad Plot, 24' x 36" $3.70
Double -sided $7.03
F. Aerial Plot, 24" x 36"
Double -sided
$4.51
$8.65
G. Binder, plastic 924
Binder, 3-ring $8.31
Binder, project/durable $15.56
III. POSTAGE COSTS
Any postage reimbursement costs collected by the City of Richmond
shall not exceed the actual cost of postage to mail documents or public
records.
Passed and adopted this _20th _ day of _December 2010, by the Common Council of the City
of Richmond, Indiana.
_S/S J. Clayton Miller President
Q. Clayton Miller)
ATTEST: S/S Karen Chasteen City Clerk
(Karen Chasteen)
PRESENTED to the Mayor of the City of Richmond, Indiana, this _21st _ day of _December
2010, at 9:00 a.m.
_S/S Karen Chasteem City Clerk
(Karen Chasteen)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this _21st day
of December , 2010, at 9:05 a.m.
_S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)