It is the purpose of this article to establish reasonable fees and charges for the provision of access to or copies of open public records in the possession of the city to avoid the necessity of using general public funds of the city to subsidize special services and benefits to a record requester. The official record custodian shall periodically recommend to the governing body such changes in this article as may be necessary to secure this purpose.

(Ord. 492. Sec. 1)

(a)   Where a request has been made for inspection of any open public records which is readily available to the record custodian, there shall be no inspection fee charged to the requester.

(b)   In all cases not covered by subsection (a) of this section, a record inspection fee shall be charged at the rate set by resolution of the governing body from time to time.

(Ord. 492, Sec. 2; Code 2016)

(a)   A fee shall be charged for photocopying public records. The fee shall be set by resolution of the governing body from time to time, and will cover the cost of labor, materials and equipment.

(b)   For copying any public records which cannot be reproduced by the city’s photocopying equipment, the requester shall be charged the actual cost to the city, including staff time, in reproducing such records.

(Ord. 492, Sec, 3)

(a)   A record custodian may demand prepayment of the fees established by this article whenever he or she believes this to be in the best interest of the city. The prepayment amount shall be an estimate of the inspection and/or copying charges accrued in fulfilling the record request. Any overage or underage in the prepayment shall be settled prior to inspection of the requested record or delivery of the requested copies.

(b)   Prepayment of inspection and/or copying fees shall be required whenever, in the best estimate of the record custodian, such fees are estimated to exceed $5.

(c)   Where prepayment has been demanded by the record custodian, no records shall be made available to the requester until such prepayment has been made.

All fees charged under this article shall be paid to the custodian of the records inspected and/or copied. All fees received shall be paid to the city treasurer on a daily basis.

(Ord. 492, Secs. 4:5)