CITY OF HOMER
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TO: |
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City Council, Staff and Members of the Public--> |
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FROM: |
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RE: |
Under the authority granted to the city manager by Homer City Code Section 1.80.050, I have adopted certain revisions to the Regulations Concerning Public Record Inspections. The major revisions are made to section 1.03, which I have more accurately called "Production Fee." The revisions to section 1.03 also lead to editorial revisions to other sections. The affected sections are 1.03, 1.04, 1.05, 1.06, 2.05, 2.06, and 3.03. These revisions are adopted to assist in implementing city and state law concerning the inspection of the public records of the City of Homer. The revisions take effect immediately.
The task of determining whether or not a document is responsive to a request can be quite time-consuming. Similarly, the time needed to determine if a requested record is subject to privilege or exemption can also be time-consuming. Public access to records, efficient government operations, and protection of privacy present competing values in this situation, and a balance needs to be struck. The revised regulation adopts the same balance between public access, efficient operations, and privacy as currently exists in state law and in the current regulation. The difference is that the revised regulation more clearly articulates the possible complexity of producing records to the public and the attendant cost. This revision is not intended to change the substance of the regulation but to eliminate future disputes as to what the current regulations means.
The actual changes the affected sections are indicated by revision marks as follows:
Sections affected by revisions adopted March 2003
1.03 Search FeeProduction Fee. If the production of records for one requestor in a calendar month exceeds five-person hours, the requestor must pay a search production fee. The production feefor city staff to search the city's recordswill be the city employee's actual salary plus benefit costs for the time required during the month to search, review,and copy the records. The time for review includes the time spent to examine the records for the purposes of determining whether the document is responsive to the request and whether the document will be disclosed or whether it must be withheld based on privilege, exemption, or other exception. Thesearchproduction fee will be in addition to the standard copying fee.
1.04 Estimate and Advance Payment. If a search productionfee is required or anticipated under the preceding paragraph, the city staff will prepare an estimate of the search productionfee and copying fee that are expected to result from producing the requested records. The requestor must deposit the estimated search production and copying fees in advance of the search. If the actual search production and copying fees are less than the estimate, the requestor will be given a refund of the difference. If the actual search productionand copying fees are greater than the estimate, the records will not be released to the requestor until the requestor pays the difference.
1.05 Inspection Only. There will be no copying fee for simple inspection of records, except when the production of the records for inspection by one requestor in a calendar month exceeds five person-hours. In that case the requestor will be required to pay the search production fee as described in the preceding paragraphs.
1.06 Indigency. If a person is unable to pay a copying fee, and signs an affidavit to the effect that he or she is indigent, then the city manager will waive the copying fee and search productionfee, except when the city manager, based upon reliable information, determines the affidavit of indigency is made in bad faith or fraudulently.
2.05 Aggregation of Certain Requests. If the city manager, based on reliable information, determines that one or more individuals have made one or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid the payment of a search production fee (for asearch production of records requiring more than five person-hours of staff time per month), the city manager will aggregate all such requests and treat them as one request made by one person.
2.06 Bad Faith Affidavit of Indigency. If the city manager, based on reliable information, determines that a person has made an affidavit of indigency in bad faith or fraudulently for the purpose of avoiding payment of searchproduction, copying, or other fees, the city manager will deny the waiver of the fees.
3.03 Large Requests. If a
request is made for inspection or copying of a large volume of public
records, the city
manager may require the requestor to make a written designation of the
order in which the requestor wants the records
produced. When such order is designated by the requestor, the
city will attempt to produce the records in that order.
Requests for inspection or copying of a large volume of public records,
or requests that will require the city to search or
review ofa large volume of public records, will be responded to
as city staff time permits. The orderly conduct of city
business will not be interrupted to make fast response to such a
request. It is reasonable that the maker of such a large
request should expect an extended time for response. The city
manager will advise the requestor of the estimated time in
which the response will be made.
CITY OF HOMER
Regulations Concerning Public
Record Inspections
(Revised March 2003)
1.01 Copies. The fee for copying public records will be the city's standard copying fee. At this time the standard fee for documents is as follows: The first nine copies are free. Ten copies are $2.50. Each copy over ten is $ .25 per page. See the city's fee schedule for the fees for copies of audio cassettes, video cassettes, and other items.
1.02 Certified Copies. The fee for a certified copy of a document will be the city's standard certificated certification fee plus the standard copying fee. At this time the certification fee is $10 per document. Only the city clerk or deputy city clerk will certify documents.
1.03 Search FeeProduction Fee. If the production of records for one requestor in a calendar month exceeds five-person hours, the requestor must pay a search production fee. The production feefor city staff to search the city's recordswill be the city employee's actual salary plus benefit costs for the time required during the month to search, review,and copy the records. The time for review includes the time spent to examine the records for the purposes of determining whether the document is responsive to the request and whether the document will be disclosed or whether it must be withheld based on privilege, exemption, or other exception. Thesearchproduction fee will be in addition to the standard copying fee.
1.04 Estimate and Advance Payment. If a search productionfee is required or anticipated under the preceding paragraph, the city staff will prepare an estimate of the search productionfee and copying fee that are expected to result from producing the requested records. The requestor must deposit the estimated search production and copying fees in advance of the search. If the actual search production and copying fees are less than the estimate, the requestor will be given a refund of the difference. If the actual search productionand copying fees are greater than the estimate, the records will not be released to the requestor until the requestor pays the difference.
1.05 Inspection Only. There will be no copying fee for simple inspection of records, except when the production of the records for inspection by one requestor in a calendar month exceeds five person-hours. In that case the requestor will be required to pay the search production fee as described in the preceding paragraphs.
1.06 Indigency. If a person is unable to pay a copying fee, and signs an affidavit to the effect that he or she is indigent, then the city manager will waive the copying fee and search productionfee, except when the city manager, based upon reliable information, determines the affidavit of indigency is made in bad faith or fraudulently.
2.01 City Manager Approval. According to Homer City Code Section 1.80.060, all requests for public information or records are to be approved by the city manager. The city manager, or the manager's designee, will, consistent with the orderly conduct of city business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records.
2.02 Routine Requests. Routine requests for inspection or copying of records may be approved (but not denied) and responded to by the city clerk, deputy city clerk, or the department head of the department in which the records are located. They may act as the city manager's designee for the approval of routine requests. For purposes of these regulations, a routine request is a request for records that are clearly to be made available to the public, and which can be responded to quickly without a substantial amount of effort or time by the city staff. Routine requests may be submitted orally or in writing.
2.03 Non-routine Requests. Non-routine requests for inspection or copying of records must be made in writing and referred to the city manager for approval or disapproval. Non-routine requests include, but are not limited to, requests for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take more than one person-hour of staff time to respond, and requests from a person involved in litigation with the city.
2.04 Litigation Disclosure Requests. A person "involved in litigation" means a party to a lawsuit involving the city, a person representing a party in a lawsuit, or a person requesting records on behalf of a party to a lawsuit. If the city manager, based on reliable information, determines that a request for inspection or copying is being made by or on behalf of an person involved in litigation, the city manager may deny the request and require that the request be processed in accordance with applicable court rules under Homer City Code Section 1.80.055.
2.05 Aggregation of Certain Requests. If the city manager, based on reliable information, determines that one or more individuals have made one or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid the payment of a search production fee (for asearch production of records requiring more than five person-hours of staff time per month), the city manager will aggregate all such requests and treat them as one request made by one person.
2.06 Bad Faith Affidavit of Indigency. If the city manager, based on reliable information, determines that a person has made an affidavit of indigency in bad faith or fraudulently for the purpose of avoiding payment of searchproduction, copying, or other fees, the city manager will deny the waiver of the fees.
2.07 Harassment Requests. If the city manager, in good faith, reasonably determines that a request for copies or inspection of records is not made in good faith and is made for the purpose of harassment of the city or city officials, or to purposely interfere with the orderly conduct of city business, the city manager will deny the request. Such a determination will be made only after notice and an opportunity for the requestor to be heard by the city manager.
2.08 Description of Records Requested. A requestor must describe the records sought in sufficient detail to enable the city to locate and identify the records sought. If the records are described by the requestor in general terms, the city staff shall attempt to communicate with the requestor to identify the records requested and lessen the administrative burden of processing an overly broad request. If the request is not sufficient to allow the staff to identify the requested records, the requestor shall be notified promptly that the request cannot be approved or processed until a sufficient description of the records is received.
2.09 Deliberative Process Records. There is a recognized need to encourage open, frank discussions among government officials about proposed or contemplated governmental action. Disclosure of official deliberations will inhibit those discussions, invade the mental processes of government officials, and adversely affect the quality of administrative decisionmaking. Records containing deliberative process information are confidential and need not be disclosed. Accordingly, requests for internal, pre-decisional records that are deliberative in nature will be denied unless the city manager determines the requestor has established that, on balance, the interest of the public in having access to the records outweighs the interest of the public in having city business carried on efficiently and without unreasonable interference.
3.01 Routine Requests. A routine request for records will be responded to promptly at the office where the records are kept, or another city office if more convenient to the city, during business hours at a time that does not interfere with the orderly conduct of city business. If the records cannot be produced within two working days, the requestor will be advised.
3.02 Non-routine Requests. Records in response to an approved non-routine request will be made available for inspection or copying at city hall, under the direction of the city manager or the city manager's designee. For the convenience of the city, the city manager may designate an inspection location elsewhere in the city. The time for inspection will be during business hours. The city manager will advise the requestor of the specific time and date on which the inspection may occur. If, and to the extent, necessary to maintain the orderly conduct of city business, the city manager may limit the days and hours when inspection and copying of public records may occur.
3.03 Large Requests. If a request is made for inspection or copying of a large volume of public records, the city manager may require the requestor to make a written designation of the order in which the requestor wants the records produced. When such order is designated by the requestor, the city will attempt to produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the city to search or review ofa large volume of public records, will be responded to as city staff time permits. The orderly conduct of city business will not be interrupted to make fast response to such a request. It is reasonable that the maker of such a large request should expect an extended time for response. The city manager will advise the requestor of the estimated time in which the response will be made.
4.01 Form of Records. The records of the city will normally be made available for inspection or copying in the format in which the city maintains or disseminates the records. Exact reproduction is not required, but any alteration of the form or medium of public records must not change the substantive content of the information, and if the actual content is changed, the nature of the change and the reason for the change will be communicated to the requestor.
4.02 Summarization or Manipulation of Records. The city is not required to compile or summarize its records in response to a request for information. The city is not required to manipulate its data to create new records in response to a request for information.
4.03 Partially Disclosable Records. If public records contain information that is disclosable in part and nondisclosable in part, the nondisclosable information shall be removed prior to disclosure.
5.01 Written Response. If the city manager makes an adverse determination, in whole or in part, to a written public records request, the city manager will provide a written response setting forth the adverse determination. It will include a description of the records requested, a description of the records that will not be provided, and the reasons for the adverse determination, including reference to provisions of law or regulations, facts, and other information relied upon. The city manager's written response will also include a notice that the requestor has a right to appeal to the city council.
5.02 Response to Oral Requests. Oral requests may be accepted for a routine request. Oral requests for records will not be accepted for a non-routine request or receive a written response from the city manager unless the requestor is unable to make a written request because of inability to write or because of mental or physical disability. In that case, the city staff will assist the requestor in making a request that will be responded to and treated as a written request for all purposes under these regulations.
5.03 When No Response Is Deemed Denial. If the requestor receives no response to a written request for records within five working days of making that request, the requestor may file with the city clerk a written demand for a written response from the city manager. If the city manager does not give a written response to that demand within three working days of the city clerk's receipt of the demand, the request for records will be deemed denied.
5.04 Appeal to City Council. A denial, in whole or in part, a deemed denial, or any adverse written determination by the city manager in response to a written request for public records may be appealed by the requestor to the city council under Homer City Code Section 1.80.060.
5.05 Appeal to Superior Court. A decision of the city council on an appeal from a decision of the city manager may be further appealed to the superior court. Such an appeal must be made under the court rules of procedure governing appeals to the superior court.
Date:
Walt Wrede
City Manager
WW