HomeMy WebLinkAboutRES. No. 08-24 RESOLUTION 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 fihe 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 8'/Z 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.
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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 siie 8'/z by 14 inches
or less.
(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 requested�. 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.
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RESOLUTION NO. 08-24
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Palm Desert, California, on the day of , 2008, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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