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HomeMy WebLinkAboutResolution 07-08 02/05/2007 RESOLUTION NO. 07-08 A RESOLUTION ESTABLISHING A SYSTEM FOR RECOVERING CITY EXPENSES INCURRED IN RESPONDING TO REQUESTS FROM THE PUBLIC FOR DOCUMENTS AND PUBLIC RECORDS. WHEREAS, under the Oregon Public Records Law, every person has a right to inspect nonexempt public records of the City of Springfield, subject to reasonable procedures and restrictions; and WHEREAS, the City of Springfield recognizes and respects the public's rights to public documents and the importance of maintaining orderly files to facilitate public access in an efficient and cost-effectiye manner; and WHEREAS, the City's costs in performing these document and record searches and duplication services, both in terms of staff labor and materials, often places a considerable burden on the City's resources; and WHEREAS, ORS 192.440(3) authorizes local goyemments and other public bodies to charge fees to reimburse the public body the reasonable and actual cost of making ayailable public records; and WHEREAS, the City desires to establish a system of regulations, including fees and charges, which provides reasonable access to nonexempt public documents and the recovery of the City's actual reasonable costs, including labor and material, incurred in making public documents available. NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of Springfield as follows: Section 1: Section 2: Section 3: Records Request Information. A document requested must be in writing and shall include the name and mailing address of the requestor and a complete and detailed description of the materials requested and where relevant the purpose for which the request is made. When known to the requestor, the request shall include information such as the department file number, year of creation and any other pertinent information which may assist City staff in locating the requested documents. The City will not author or prepare any new documents in response to a records requestor. Inspection of Records. A person making a public documents request may personally inspect the requested documents, but the right to inspect documents does not include the right to rummage through file cabinets or file folders or the right to disassemble or change the order of materials in files or document binders. Except for arrangements at the discretion of the department, inspection of public documents shall occur during normal business hours. Any request shall occur at a time mutually convenient to the requestor and the City. Original public documents shall not be taken out of the custody of the City. A City staff member must be present while any original public records are being inspected to insure protection of the documents. Preparation of Cost Estimate. When presented with a Level 2 or 3 public documents request as described in Exhibit 1, the affected City department shall first prepare an estimated cost bill reflecting the full, actual cost of City staff time and materials required to complete the request, including time required for retrieval, copying, preparation, assisting the requestor, separating exempt from nonexempt materials as provided by ORS Section 4: Section. 5: Section 6: Section 7: Section 8: 192.496 through 192.502, organization of the results and, if requested, delivery of the search results. The estimated cost bill may include a fee for the cost of City Attorney time spent in reviewing the public records and redacting or segregating material from the public records in to exempt and nonexempt records. There are no costs related to Level 1~~~. ' City Response. The City shall respond to all public records requests usually within three to fiye business days or explain why more time is needed for a full response. One such reason for delay would be an instance where staff needs to consult with the City Attorney's Office to obtain legal advice prior to releasing documents. This will be necessary when the City is presented with a physically extensive or legally complex document request. Labor Costs. The cost bill estimate for staff time shall be based On the staff person's regular hourly wage plus benefits and indirect costs multiplied by the time estimated to respond to the request. There shall be no charge for the first half hour of staff time required to respond to a documents request. Materials Costs. The cost to reproduce any material requested will be charged at a per page rate. A copy of the fee schedule will be provided to the requestor prior to any charges being incurred. If delivery of the search results is requested, mailing or deliyering costs shall be included in the estimated cost bill. The fee schedule will be reviewed annually by the Finance Department and brought to the City Council for consideration and action. Deposit and Payment Requirements. If the estimated cost is expected to be equal to or greater than $100.00, the City shall require a deposit in the full amount of the estimate before expending any additional City resources toward responding to the document request. The affected City department shall proceed to fulfill the request only upon receipt of the deposit. If the actual cost of completing the request exceeds the estimate, the City shall not release the search results until the City's full actual costs, calculated in accordance with this Resolution, are received in full. If the actual cost of responding to the request is less than the estimated cost bill, then the balance of the deposit shall be refunded through the City's Accounts Payable process. If the estimated cost bill is less than $100.00, the affected department shall proceed to fulfill the request and shall present a cost bill for the City's full actual expenses, calculated in accordance with this Resolution and payable in full upon receipt of the request result. The affected department shall not release the request result until the cost bill has been paid in full. Waiver or Reduction of Fees. Copies of public records may be furnished without cost, or at a reduced cost, if the City Manager determines that a waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public (ORS 192.440(4)). a. A person requesting a waiver or reduction of fees shall file a written request which includes the requestor's name and address, the purpose for which the documents are sought, the character of the information and whether the requestor can demonstrate the ability to disseminate the information to the public or otherwise benefit the general public with the information. The City Manager will review the request and may also consider the requestor's ability to pay and any financial hardship On the City that would arise from granting a waiver or reduction. RESOLUTION NO. 07-08 b. Any requestor disabled within the meaning of the Americans with Disabilities Act may not be charged any additional cost of providing records in an alternate form which ensures that communication of such requested materials to such an individual is as effective as communication with others. c. Copies of the routine materials requested by the news media will be made available without charge. Any request by the news media which requires more than one half hour of staff time will be charged according to this Resolution. d. Copies of routine materials personal to the requestor will be furnished without charge, except for police reports. Any request which requires more than one half hour of staff time will be charged according to this Resolution. e. Copies of routine materials requested by any Springfield public official or advisory committee member will be furnished without charge if the request relates to information needed in the requestor's official capacity. f. The decision of the City Manager on any fee waiver or reduction is final. Section 9: This Resolution shall take effect upon adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 5th day of February 2007 , by a vote of ~ for and ~ against. APPROVED by the Mayor of the City of Springfield this 5th day of February ATTEST: ~~ Amy Sowa, 'ty Recorder REmEWED & APPROVED AS TO FORM '- ~~,..... ~ I"'-A\~ DATE: ~[I\ (::)t OFFICE OF CITY ATTORNEY RESOLUTION NO. 07-08