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HomeMy WebLinkAboutCC RES 08-024RESOLUTION NO. 08-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING AND SUPERCEDING RESOLUTION NO. 94-88, RELATING TO THE PRODUCTION OF DOCUMENTS. WHEREAS, the City of Palm Desert ("City") receives requests for duplication and production of documents pursuant to both subpoenas and the Public Records Act (Government Code Section 6250, et seq.); and WHEREAS, the City is authorized by Government Code Section 6253(b) and Evidence Code Section 1563 to recover its direct costs of producing such documents; and WHEREAS, Evidence Code Section 1563 includes a schedule of "reasonable costs" a public body may charge for the purpose of recovering direct costs of producing documents in response to a subpoena; and WHEREAS, the City seeks to adopt the schedule of "reasonable costs" a public body may charge for the purpose of recovering direct costs of producing documents in response to a subpoena set forth in Evidence Code Section 1563; and WHEREAS, with respect to the production of documents in response to a Public Records Act request, Government Code Section 6253(b) permits a public body to recover the direct cost of producing documents, including the pro rata expense of the duplicating equipment and the staff (salary/benefits) required to make a copy of the document; and WHEREAS, the City's expenditures for Fiscal Year 2004/2005 indicate that the actual pro rata expense incurred by the City during said period for duplicating a document was $0.15 per page; and WHEREAS, the City seeks to increase the per page duplication fee for the production of documents pursuant to a Public Records Act request as permitted by Government Code Section 6253(b); and WHEREAS, the following procedure will enable the City to reasonably recover its direct costs of producing documents pursuant to subpoenas and Public Records Act requests 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 documents in the following manner: RESOLUTION NO. 08-24 1. Reproduction of Documents Pursuant to a Subpoena. (a) No Deposit Required. Pursuant to Evidence Code 1563(b)(2), a party who serves a subpoena upon the City for copies of documents shall not be required to pay the reasonable costs or any estimate thereof prior to the time the records are available for delivery. The City shall demand payment of the reasonable costs simultaneous with actual delivery of the subpoenaed documents, and until payment is made, the City shall be under no obligation to deliver the documents. (b) Reasonable Costs Recovered. The City hereby adopts the schedule of "reasonable costs" set forth in Evidence Code Section 1563 that the City may charge a party who subpoenas documents from the City for duplication of documents, as it may be amended from time to time. At present, such schedule includes, but shall not be limited to, the following specific costs: (i) Photocopying costs in the amount of $0.10 per page for standard reproduction of documents of a size 81/2 by 14 inches or less. (ii) Photocopying costs in the amount of $0.20 per page for copying of documents from microfilm. (iii) Actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing. (iv) Reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of twenty-four dollars ($24) per hour per person, computed on the basis of six dollars ($6) per quarter hour or fraction thereof. (v) Actual postage charges. (vi) Actual cost, if any, charged to the City by a third person for the retrieval and return of records held offsite by that third person. 2. Reproduction of Documents Pursuant to the Public Records Act. (a) Deposit Required. For requests for documents received under the Public Records Act, 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. 2 RESOLUTION NO. 08-24 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 immediately to the City by the party who requested the documents. (b) Direct Costs Recovered. (i) The direct cost of duplication shall include the pro rata expense of the duplicating equipment and the staff (salary/benefits) required to make a copy of the document. (ii) Photocopying costs in the amount of $0.15 per page for standard reproduction of documents of a size 8% by 14 inches or Tess. (iii) Copying costs in the amount of $0.35 per page for copying of . documents from microfilm. (iv) Copying costs in the amount of $1.00 per page for documents of a size 11 by 17 inches to blueprint, and actual costs for the reproduction of other oversize documents or the reproduction of documents requiring special processing. (v) When the City must compile electronic data, extract information from an electronic record, or undertake computer programming to satisfy a request, the City may require the requester to bear the full and actual clerical costs incurred by the City, not merely the direct cost of duplication. (vi) Actual postage charges. (vii) Actual cost, if any, charged to the City by a third person for the retrieval and return of records held offsite by that third person. 3. Additional Costs for Certified Copies (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 City Council Resolution No. 94-88, relating to the production of documents, is hereby rescinded and superceded by this resolution. 3 RESOLUTION NO. 08-24 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, on the 10th day of April , 2008, by the following vote, to wit: AYES: FINERTY, KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE ATTEST: RHELLE D. KLASSEi4, CITY CLERK CITY OF PALM DESERT, CAL;FORNIA JEN M. BENSON, MAYOR 4