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HomeMy Public PortalAboutResolution #2008-33, A Resolution Amending A Fee Schedule for Expenses Incurred In Fulfilling Iowa Code Chapter 22 Public Records RequestsRESOLUTION # 2008 -33 V A RESOLUTION AMENDING A FEE SCHEDULE FOR EXPENSES INCURRED IN FULFILLING IOWA CODE CHAPTER 22 PUBLIC RECORDS REQUESTS. WHEREAS, the Riverdale City Council adopted a Chapter 22 Public Records Policy and Fee Schedule (the "Policy ") on June 19, 2007, for expenses incurred in fulfilling public records requests made pursuant to Iowa Code Chapter 22; WHEREAS, the Riverdale City Council amended the Policy on May 6, 2008, to reflect charges for providing DVDs or CDs and set a time limit for reviewing original requested records; and WHEREAS, the estimated charges for supervisory services in the Policy are based on outdated wages for the City Clerk and Assistant City Clerk; and WHEREAS, the estimated charges for supervisory services in the Policy should be increased to $3.75 to $6.00 per fifteen - minute increment to reflect the current wages for the City Clerk and Assistant City Clerk; and WHEREAS, Riverdale now offers production and delivery of requested public records by electronic means; and WHEREAS, the Policy must be updated to establish fees and provide guidelines for the production and delivery of requested public records by electronic means; and WHEREAS, Riverdale occasionally incurs expenses from third parties in addressing and fulfilling records requests that constitute "actual costs" pursuant to Iowa Code Section 22.3. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Riverdale, Iowa, adopts the attached revised Chapter 22 Public Records Policy and Fee Schedule for public records requests. This Resolution shall take immediate effect. PASSED, APPROVED AND ADOPTED THIS 2nd day of December 2, 2008. Ayes: Nays: Franklin Channon Hupp Littrel Halsey N4A _. Q, �. I-erf Grin le, ayor ATTEST: C co, MarePrances Blevins, City Clerk CITY OF RIVERDALE CHAPTER 22 PUBLIC RECORDS POLICY AND FEE SCHEDULE The following fees may be charged pursuant to Iowa Code Chapter 22 for access to and/or copies of public record information maintained by the City of Riverdale A. PAPER DOCUMENTS AND CDS. 1. Photocopies (5 free copies annually) $0.25/page 2. Laser printed pages $0.10/page 3. Transmitted Facsimile(maximum 5 pages) $1.00/page 4. CDs or DVDs $1.00/CD or DVD 5. Postage Actual Cost When the requestor requests paper copies to be mailed,the requestor will be required to pay the actual postage due. All documents will be sent via certified mail, return receipt requested. Any paper documents greater than 5 pages in length will be mailed, not faxed. B. ELECTRONIC DOCUMENTS. 1. Digital Image Conversion a. PDF creation from paper document $0.10/page b. Digital image creation from film $0.10/page c. Digital image creation from microfiche $0.10/page 2. Medium of Delivery a. E-mail of PDF(if fewer than 25 pages) No Charge b. 3.5"diskette or CD $3.50/disk c. Audiotape $7.00/tape C. LABOR: NON-INCIDENTAL OR SUPERVISORY SERVICES. The first 15 minutes of non-incidental or supervisory services provided by City of Riverdale staff in the search, preparation, retrieval, or supervision of examination of public records will be free of charge ("Free Service"). The Free Service is calculated based on time spent fulfilling any requests placed on the same calendar week by the same individual. For non-incidental or supervisory services performed by City of Riverdale staff incurred in the search, preparation, retrieval, or supervision of examination of public documents lasting longer than 15 minutes, requestors will be charged between $3.75 to $6.00 per each additional 15 minutes of services provided. The charge to the individual will be based on the actual wages of the employee performing the services, and a requestor shall not have the right to request a particular employee perform the services. The above labor charges do not include the costs of employee benefits, depreciation, maintenance,electricity,or insurance associated with the administration of the office. Iowa Code § 22.3. All examination and copying of public records shall be done under the supervision of the lawful custodian of the records or his or her designee. If a requestor wishes to review original records or does not otherwise specify,then the original records will be pulled for review by the requestor for a period of one week after notification to the requestor that the originals are available for inspection and copying. If the requestor does not review the original records within one week,the requestor may incur additional charges for the additional time spent in the re-search, re-preparation,or re-retrieval of the records. D. OTHER APPLICABLE FEES AND DEPOSITS: 1. Additional Costs: The actual costs incurred by the City of Riverdale due to any records or photocopy requests not covered by the above fee schedule shall be charged to the requestor. Such actual costs shall include all amounts charged by third parties to the City of Riverdale in connection with the fulfillment of any records request. 2. Advance Deposits: If the custodian estimates the fees for the requested services will be greater than 10 dollars, the Custodian may require the requestor to make an advance payment to cover all or part of the estimated fee. Any excess funds collected by the custodian shall be refunded to the requestor in a timely manner. If any requestor has not paid a previous amount due under this policy,the custodian shall require a full deposit for estimated services before processing a new request. E. CUMULATIVE CHARGES. The charges outlined above are cumulative to the extent they reflect the actual cost to the City of Riverdale. For example, if a document takes 30 minutes to locate,and the requestor wants the one page document copied and mailed,the charges will include $5.00 for the non- incidental retrieval services, $0.25 for the photocopy, and the applicable postage charge for a certified mail delivery. Revised 12/2008 1 I'i