Resolution 5804 - Fee Schedule - Public Records Request
RESOLUTION NO. 5804
A RESOLUTION SUPERSEDING RESOLUTION 5128, SETTING A FEE SCHEDULE
FOR COPIES AND RESEARCH OF PUBLIC RECORDS FROM THE CITY OF
KALISPELL.
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 regularl y review its fee schedule and make adjustments when
necessar y to ensure the fees are nondiscriminatory, equitable and reasonable.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit y 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 cop y 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 securit y purposes, the City will provide all blank media;
(b) expenses incurred b y 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 char ges must be received before deliver y of the records to the requester.
A department director may make accommodations for payment b y entities frequentl y
requesting records.
10. The City will determine on a case-b y-case basis whether an emplo yee 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
integrit y 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.