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HomeMy WebLinkAbout08/21/2018 09 Public Records Fee Schedule; RCW 42.56.120ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 9. For Meeting of: August 21, 2018 Public Hearing and Ordinance adopting the City of Yakima Public Records Fee Schedule consistent with RCW 42.56.120 Sonya Clear Tee, City Clerk Bronson Faul, Senior Assistant City Attorney SUMMARY EXPLANATION: On July 23, 2017, the Washington State legislature enacted new requirements under RCW 42.56.120 regarding charges for copying public records. The Public Records Act provides that if determining actual costs is unduly burdensome to the agency then it may not charge in excess of the fees established in RCW 42.56.120. Due to the City's organizational structure it is unduly burdensome for the City of Yakima to determine actual costs of copying public records. The City of Yakima public records copying charges should be consistent with RCW 42.56.120(2)(b)(i-v). RCW 42.56.070(7) requires any statement of costs may be adopted by an agency only after providing notice and public hearing. The Public Hearing notice has been provided to all Yakima -area media, including to Decides', KDNA Radio, El Sol de Yakima, Hispanavision, Bustos Media, and El Mundo. ITEM BUDGETED: No STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass ordinance BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date • O-dinance re Public Records Fee Schedule 7/2/2018 • Public Records Fee Schedule 8/10/2018 2 Type Ordinance Backup Material 3 ORDINANCE NO. 2018 - AN ORDINANCE adopting the City of Yakima Public Records Fee Schedule consistent with RCW 42.56.120. WHEREAS, on July 23, 2017, the Washington State legislature enacted new requirements under RCW 42.56.120 regarding charges for copying public records; and WHEREAS, the City Council determines it is unduly burdensome for the City of Yakima to determine actual costs of copying public records due to the City's organizational structure; and WHEREAS, the Public Records Act provides that if determining actual costs is unduly burdensome to the agency then it may not charge in excess of the fees established in RCW 42.56.120; and WHEREAS, RCW 42.56.070(7) requires any statement of costs may be adopted by an agency only after providing notice and public hearing; and WHEREAS, on August 21, 2018, the City Council held a public hearing to hear from citizens on the proposed City of Yakima Public Records Fee Schedule; and WHEREAS, the City Council now finds it to be in the best interest of the City to establish the City of Yakima Public Records Fee Schedule consistent with RCW 42.56.120(2)(b)(i-v), Now, Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima Public Records Fee Schedule is hereby established consistent with the Revised Code of Washington (RCW) section 42.56.120(2)(b)(i-v), as written or hereafter amended. Section 2. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL this 21s1 day of August, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 4 CITY OF YAKIMA PUBLIC RECORD REQUEST FEE SCHEDULE Cities are not allowed to charge for staff time spent in locating a public record, or for making a record available for inspection. A city can, however, charge for the actual costs connected with copying public records, including the staff time spent making the copies. RCW 42.56.120. Costs for mailing can be included, including the cost of the envelope or shipping container. WAC 44-14-070(3). A city can use an outside vendor to copy records, including photographs, blueprints, or tape recordings, and bill the requestor for the amount charged by the vendor. WAC 44-14-07001(5). Standard photocopies letter or legal, per page $0.15 (RCW 42.56.120) Digital images (photocopier scans) of paper records, per page/side $0.10 For each four files or attachments $0.05 For each gigabyte of data uploaded $0.10 Alternative flat fee when the costs are estimated to be $2.00 or more $2.00 Y -PAC video recording DVD/VHS $5.00 Recording fee is based on 15 minutes recording time. Actual cost may be more depending upon copying time. Maps --zoning, land use, traffic, Boundary Maps: 44" x 6' large format wall map $20.00 42" x 24" small format wall map $10.00 CITY OF YAKIMA FIRE DEPARTMENT Standard photocopies letter or legal, per page $0.15 Digital images (photocopier scans) of paper records, per page/side $0.10 Photo/video recording DVD/VHS $6.00 Photo/video recording fee is based on 15 minutes recording time. Actual cost may be more depending upon copying time. CITY OF YAKIMA SUNCOMM 9-1-1 Standard photocopies letter or legal, per page $0.15 Digital images (photocopier scans) of paper records, per page/side $0.10 CD recording/copy $5.00 CD copying fee is based on 15 minutes recording time. Actual cost may be more depending upon copying time.