I4. Resolution 5804 - Public RecordsCity Clerk's Office
(406) 758-7756 cityclerk@kalispell.com
P.O. Box 1997, 201 First Avenue East
Kalispell, Montana, 59903
www.kalispell.com
REPORT TO: Doug Russell, City Manager W
FROM: Aimee Brunckhorst, CMC, City Clerk & Communications Manager
SUBJECT: Establishing a Fee Schedule for Public Records Requests
MEETING DATE: February 6, 2017
BACKGROUND: Many city records are considered routine public records and are easily
accessible online or through the city department they relate to. Examples of routine records
include council or board agendas, minutes, resolutions, ordinances and agreements. While many
non -routine records are also public records, they can take considerably more staff time and
expense to locate, collate, review and copy than a routine record. Examples of a non -routine
record include requests for materials that must be reviewed to protect individual privacy, or
requests for all correspondence regarding a particular subject, or a request for a copy of a body
worn camera or in -car camera recording from the police department.
Acknowledging the costs and staff time that non -routine record requests can take to fulfill and the
need for standardizing public records processing across the state, the state Legislature made
changes to Montana Code Annotated relating to processing requests for public records. These
changes were made after Kalispell set the original fee schedule in 2006. The Resolution provided
herein for council consideration reflects the state code changes and was vetted by the City Clerk's
office, the City Attorney's office, and the Kalispell Police Chief to comply with state law and to
help cover the actual costs of staff time and materials related to records requests.
If this Resolution is passed, the record request fillable form that is available online would be
revised. Attached is a form template intended to be adjusted over time as experience dictates.
RECOMMENDATION: City staff recommends that the City Council approve Resolution 5804,
a Resolution establishing a fee schedule for copies and research of public records.
FISCAL IMPACT: The city will recover costs associated with fulfilling non -routine public
records requests.
ATTACHMENTS: Resolution 5804
Form template for requesting public records
RESOLUTION NO. 5804
A RESOLUTION SUPERSEDING RESOLUTION 5128, SETTING A FEE SCHEDULE
FOR COPIES AND RESEARCH OF PUBLIC RECORDS FROM THE CITY OF
KALISEPLL.
WHEREAS, pursuant to §§ 2-6-1006, 7-1-4123 and 7-1-4144, Montana Code Annotated
(MCA) all materials kept as records that are in the possession of the City and not
otherwise restricted by law from dissemination shall be available for inspection
and reproduction by any person during normal office hours subject to reasonable
fees imposed by the governing body to recover the costs of complying with the
records request; and
WHEREAS, the City Council previously approved Resolution 5128 on July 17, 2006,
establishing fees for copies of public records from city offices; and
WHEREAS, The City will regularly review its fee schedule and make adjustments when
necessary to ensure the fees are nondiscriminatory, equitable and reasonable.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kalispell,
Montana, that the fee schedule listed herein is hereby adopted and shall be applied:
1. Charges for paper copies of non -routine public records shall be charged at the rate of
$0.50/page for material that can be found and copied in 15 minutes or less and any
out-of-pocket expenses directly associated with the request.
Items that take over 15 minutes to locate and copy shall be charged the mid -level
hourly market rate at the time of the request for a Kalispell City Clerk.
2. Requests that are subject to the "per hour rate" shall also be charged at the rate of
$0.25/page for costs associated with copying materials and any other out-of-pocket
expenses directly associated with the request.
3. Fees for published and/or documents prepared by commercial print shops will be
based on the actual fee charged by the print shop.
4. A City department, board, committee, or agency may establish fees for specific
records contained in their departments, such as maps, plats, audio and video
recordings, etc. Such fee schedule shall be approved by the City Manager and posted
in each department. For records not specific to a department, the departmental fee
schedules should not conflict with the specific charges listed in this section.
5. Copies of records provided in electronic format will be charged as follows:
(a) the City's actual cost per unit of the electronic media used to provide the public
record. For security purposes, the City will provide all blank media;
(b) expenses incurred by the City as a result of computer processing charges;
(c) expenses incurred by the City for providing on-line computer access;
(d) out-of-pocket expenses directly associated with the request; and
(e) the mid -level hourly rate at the time of the request for a Kalispell City Clerk for
each hour, or fraction of an hour, after fifteen minutes of service has been
provided.
6. Fee for Obtaining a Copy of Body Worn Camera, and In -car Camera Recordings.
(a) This section is the sole authority under which a copy of a body worn camera and In -
car Camera recording may be obtained from the Kalispell Police Department. Privacy
issues and the likelihood of criminal justice information being contained in these types
of recordings require that each video be reviewed prior to release. Videos that contain
confidential, private and/or criminal justice information may require redaction to
comply with Montana privacy laws.
(b) The charge for obtaining a copy of a body worn camera, and in -car camera
recording shall be:
(i) $20.00 per recording responsive to the request for information; and
(ii) $1.00 per full minute of video or audio footage responsive to the request for
information, if identical information has not already been obtained by a member of
the public in response to a request for information.
(iii) A law enforcement agency may provide a copy without charge, or at a reduced
charge, if the agency determines waiver or reduction of the charge is in the public
interest.
7. Records provided to other governmental agencies may be provided on a "reciprocal"
basis at the discretion of the department director responsible for the record:
9. Payment for charges must be received before delivery of the records to the requester.
A department director may make accommodations for payment by entities frequently
requesting records.
10. The City will determine on a case -by -case basis whether an employee must be present
to observe and supervise the examination of documents and whether documents can
be removed from their official storage location. Where it is necessary to maintain the
integrity and security of City records, a fee as determined by the mid -level hourly rate
at the time of the request for a Kalispell City Clerk will be charged for the City's
supervision of the search and examination and copying of public records.
11. The City Manager may waive fees or reduce fees upon demonstration by the
requestor that payment of the fees required under this Resolution will result in undue
hardship.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 6TH DAY OF FEBRUARY, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
City of Kalispell
Reauest for Public Records Form
I, , (Applicant), do hereby make application for
inspection and/or copying of the following public records of the City of Kalispell, Montana.
By signing, I am confirming that I have read and agree to Resolution No. 5804.
Records Requested (Please be as specific as possible):
Applicant Signature
Date
I prefer to receive my request via: ❑Email ❑ Mail ❑ Pick-up
Date:
Name:
Organization if applicable:
Email Address:
Daytime Phone:
Address:
FOR INTERNAL USE ONLY
To Applicant:
If marked with a check, the following applies to the records you have requested above.
Please review and sign below if you agree to pay the fees associated (if any) with your
request. Upon return of your signature, your request will be processed pursuant to
Resolution 5804.
F-1 Your request is a routine record and can be provided to you electronically at no charge.
Your request is available for inspection. You can come by and examine the records at no
charge since your request took 15 minutes or less to fulfill. If you would like copies of
the documents, please pay the fee listed below for copies or electronic media. The City
will then copy the documents or provide them to you electronically in a timely manner.
F-1
It is estimated that your request will take more than 15 minutes to prepare and fulfill. The
City estimates that hours will be required to fulfill your request at the current
hourly rate of per hour. In addition, you will be charged 25 cents per page, and
approximately for the cost of related
to the cost of fulfilling your request. This is just an estimate and it may cost more to
fulfill your request. If so, you will be verbally notified prior to continuing. If you agree to
pay the costs associated with this request, please provide the estimated payment, sign
below and the City will continue with this request.
The video/audio footage you have requested is hour(s), minute(s)
long. The estimated cost is in addition to the $20 base fee. This is just
an estimate and it may cost more to fulfill your request. If so, you will be verbally
notified prior to continuing. If you agree to pay the costs associated with this request,
please provide the estimated payment, sign below and the City will continue with this
request.
The records you have requested are not subject to disclosure pursuant to Montana Public
Records Statutes (Art. II, Sec. 9, Mont. Const., MCA 7-1-4144).
The records you have requested are the subject of a written request for a determination
from the Attorney General as to whether they are subject to disclosure.
1:1
The records you have requested cannot be determined due to "vagueness" of request.
(Not enough specific information to process request). Please provide further detail.
F-1
The records you have requested are not in existence due to the fact that it requires the
creation of documents. If you would like to examine documents to create the record
yourself, please speak further with the City Clerk and note the conditions listed in
Section 2(10) of this policy.
Department:
Initials of employee filling the request:
Estimate of cost to fulfill the request:
Dept. Head Authorization:
Date:
I (applicant) have reviewed this policy and the information
provided above and agree to pay the fees associated with this request. I understand the price
quoted is an estimate and the actual cost of fulfilling the request may be more. I have
provided payment for the estimated cost.
Estimated Cost of Fulfilling Request $
Amount Paid by Requestor Prior to Fulfilling Request $
Received by:
Applicant Signature
Total Cost of Fulfilling Request: $
Remaining Amount Paid by Requestor (if applicable) $
Date