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HomeMy WebLinkAboutDraft PRA Policy Ordinance FeesSTATE OF WASHINGTON County of Jefferson In the Matter of Establishing the .Jefferson) Public Records Request Cost Schedule ORDINANCE NO. Identified as Attachment "A" to this) Ordinance ) 1.0 Purpose: 1.1 Chapter 42.56 RC W, the Washington Public Records Act, requires that public agencies publish rules to provide public access to public records; and, 1.2 Effective July 23, 2017, the Washington Legislature amended the Public Records Act, changing the costs which may be charged for providing records under the Public Records Act; and, 1.3 This ordinance is to authorize Jefferson County to charge fees for the provision of responsive records, in accordance with RC W 42.56.120. 2.0 Costs for Public Records: 2.1 Inspection Only. There is no charge for inspection of records. 2.2 Records Already on Jefferson County Website. Jefferson County will not charge costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the requestor has specifically requested that Jefferson County provide copies of these records through other means. 2.3 Statutory Basis. Costs for the provision of responsive records shall be in accordance with RC W 42.56.120. Jefferson County hereby adopts by reference RCW 42.56.120, as presently enacted or as may be amended in the future. 2.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, in order to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule. Jefferson County will charge actual costs for the following: 2.4.1 Digital storage media or device provided by Jefferson County; 2.4.2 Containers or envelopes used to mail copies to the requestor; 2.4.3 Any postage or delivery charge; 2.4.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 2.4.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 2.4.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why the outside vendor cost is necessary and a reasonable estimate of the charge; and, 2.4.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 2.4.6 A Customized Electronic Access Service Charge, if Jefferson County: 2.4.6.1 Estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by customized electronic access services are not used by Jefferson County for its other purposes; 2.4.6.2 Notifies the requ Service Charge 1 explanation of w specific expertise charge; and, 2 ;stor of the Customized Electronic Access be applied to the request, including an iy the charge applies, a description of the required, and a reasonable estimate of the 2.4.6.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge. 2.4.7 Charges may be combined if more than one type of charge applies to copies produced in response to a request. 2.4.8 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request. 2.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by this Ordinance is in Appendix A of this Ordinance. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules and shall be updated administratively by the Clerk of the Board to incorporate changes in the costs in RCW 42.56.120., as presently enacted or as may be amended in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-1209-96. 2.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 2.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. The Public Records Officer or designee shall make a reasonable attempt to contact the requestor prior to deeming a request abandoned and closed. 2.8 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. 3 2.9 Effective Date This ordinance is effective immediately upon adoption. SEAL: ATTEST: APPROVED and ADOPTED this day of 12018. JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway Kate Dean, Member Deputy Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 4 ATTACHMENT A to Ordinance No. (Current Cost Schedule, Subject to Change Pursuant to RCW 42.56.120) Public Records Request Cost Schedule: Public Records Request Cost Schedule Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requestor, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or electronic files or other means of electronic delivery. attachments 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130. the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42.56 RCW.