HomeMy WebLinkAboutCC RES 93-078RESOLUTION NO. 93-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, REPEALING RESOLUTION
NO. 88-141 AND SETTING FORTH REGULATIONS
BELATING TO THE PRODUCTION OF PUBLIC R,ECORDS
WHEAEAS, the City receives requests for duplication and production of public
records pursuant to both subpenas and the Public Records Act ( Government Code
Section 6250 et seq.); and
WHEREAS, the City is authorized by Government Code Section 6257 and
Evidence Code Section 1563 to recover its direct costs of producing such pubic
records; and
WHEREAS, the following procedure will enable the City to reasonably recover
its direct costs of producing public records without unduly burdening the parties
making such requests .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, that the City shall recover its direct costs of producing public
records in the following manner:
A . Deposit Required :
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For all requests for public records, whether received under the Public
Records Act or by subpena, the party requesting the documents shall
tender with the request an amount representing the City's estimated
cost of complying with the request. The estimate shall be made
promptly by the City Clerk or his/her designee and communicated to the
party requesting the documents . Whenever a subpena requests that a
City employee appear as a witness in a civil litigation, the amount of the
deposit to be provided shall be as specified in Government Code Section
68096.1(b).
If the City's costs should later prove to be less than the amount
tendered, then the excess of the amount tendered shall be refunded.
If the City's costs should later prove to be more than the amount
tendered, then the difference shall be paid to the City by the party who
requested the documents .
Public Records Act -- Costs Recovered:
1.
2.
3.
Photocopying costs in the amount of $0.10 per sheet for standard
reproduction of documents size 8-1 / 2 by 14 inches or less .
Actual cost for reproduction of oversize documents or the
reproduction of documents requiring special processing.
Copying costs in the amount of $0.35 per page for copying of
documents from microfilm.
RESOLUTION NO. 93-
4. Clerical costs in the amount of $25.00 per hour per person
incurred in identifying, locating, and duplicating the public
records requested.
C. Subpena -- Costs Recovered:
1. Photocopying costs in the amount specified by Evidence Code
Section 1563.
2. Actual cost for reproduction of oversize documents or the
reproduction of documents requiring special processing.
3. Copying costs in the amount specified by Evidence Code Section
1563 for copying of documents from microfilm.
4. Clerical costs in the amount specified by Evidence Code Section
1563 for staff time incurred in identifying, locating, and
duplicating the public records requested .
D. Additional Costs for Certified Copies (if requested) :
Clerical costs in the amount of $1.00 per document certified, regardless
of how the request is made .
BE IT FiJRTHER RESOLVED by the City Council of the City of Palm Desert,
California, that City Council Resolution No. 88-141, relating to direct costs of
duplication of public records, is hereby repealed.
PASSED, APP80VED, and ADOPTED by the City Council of the City of Palm
Desert, California, on the 26th day of Au�ust, 1993, by the following vote, to wit:
AYES: CRITES, KELLY, SNYDER, WILSON, BENSON
NOES : NONE
AB SENT : NONE
AB STAIN : NONE
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. BENSON, MAYOR
ATTEST:
�SHEILA R. ILLIGAN, IT CL RK
CITY OF M DESERT, CALIFORNIA
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