HomeMy WebLinkAboutCC RES 94-088RESOLUTION NO. 94-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, RELATING TO THE
PRODUCTION OF PUBLIC RECORDS.
WHEREAS, 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 public records; and
WHEREAS, recent case law has reduced the scope of costs that
the City may recover for certain public record requests; and
WHEREAS, this Resolution does not impose any new or increased
fees, but rather a reduction in existing fees, thus no special
notice or public hearing is required prior to its adoption; 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 Reauired:
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 Manager 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).
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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.
B. Public Records Act -- Costs Recovered:
1. Photocopying costs in the amount of $ 0.10 per
sheet for standard reproduction of documents size
8h by 14 inches or less.
2. Actual cost for reproduction of oversize documents
or the reproduction of documents requiring special
processing.
3. Copying costs in the amount of $ 0.35 per page for
copying of documents from microfilm.
C. SubDena -- 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 Conies (if reauested):
Clerical costs in the amount of $1.00 per document
certified, regardless of how the request is made.
BE IT FURTHER RESOLVED by the City Council of the City of Palm
Desert, California, that Council Resolution 93-78, relating to the
production of public records, is hereby repealed and superseded by
this resolution.
PASSED, APPROVED, and ADOPTED by the City Council of the City
of Palm Desert, California, on the 25th day of August, 1994, by the
following vote, to wit:
AYES: Benson, Crites, Kelly, Snyder, Wilson
NOES: None
ABSENT: None
ABSTAIN: None
ATTF,ST:
SHEILA k..OILLI , City Clerk
City of Palm De‘ rt, California
S . WI .SON, Mayor
of Palm Desert, Cafiifornia
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