Town of Millville, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Millville 3-11-2014 by Ord. No. 14-03. Amendments noted where applicable.]

§ 115-1 Delaware Freedom of Information Act.

Except as otherwise provided in this chapter, access to public records in the Town of Millville shall be governed by the Delaware Freedom of Information Act, Title 29, Chapter 100 of the Delaware Code.

§ 115-2 Fee schedule.

A. 
Duplicating/copying fees. The following are duplicating/copying charges for providing public records:
(1) 
Black-and-white printed, typed or written material.
(a) 
Standard-sized, black-and-white copies. The first 20 pages of standard-sized, black-and-white copies material shall be provided free of charge, unless in the determination of the FOIA Coordinator or designee, multiple FOIA requests have been submitted by or on behalf of the requesting party in an effort to avoid incurring fees. The charge for copying standard-sized, black-and-white public records for copies over and above 20 shall be $0.50 per page for paper sized 8.5 inches by 11 inches, 8.5 inches by 14 inches and 11 inches by 17 inches.
(b) 
The cost for duplication or publication, including labor, for black-and-white copies of drawings, plots, plans and maps shall be $15 per page for paper sized larger than 11 inches by 17 inches.
(c) 
A minimum fee of $1 per request shall be charged for standard-sized copies. Two-sided copies shall be considered as two copies.
(2) 
Color printed, typed or written material.
(a) 
The cost for duplication or publication, including labor, for standard-sized, color copies of public records shall be $1 per page for paper sized 8.5 inches by 11 inches, 8.5 inches by 14 inches and 11 inches by 17 inches.
(b) 
The cost for duplication or publication, including labor, for color copies of drawings, plots, plans and maps shall be $45 per page for paper sized larger than 11 inches by 17 inches.
(c) 
A minimum fee of $1 per request shall be charged for standard-sized copies. Two-sided copies shall be considered as two copies.
(3) 
Adhesive labels. The cost of printed adhesive labels shall be $0.15 per label.
(4) 
Electronic records. Charges for copying records maintained in an electronic format will be calculated by the material costs involved in generating the copies (including, but not limited to, electronic storage media) and administrative costs. Actual costs shall be assessed for copying computer-generated records and providing other materials such as computer discs, etc.
(a) 
In the event that requests for records maintained in an electronic format can be electronically provided to the requesting party, only the administrative charges in preparing the electronic records will be charged.
(5) 
Recordings of oral dialogue. Administrative fees will be billed to listen to recorded oral dialogue.
(6) 
Computer-generated stored information. Administrative fees will be billed to produce computer-generated paper copies of computer-stored information or copies stored on electronic media.
(7) 
Published documents.
(a) 
Zoning Ordinance: $30.
(b) 
Town Charter: $30.
(c) 
Subdivision Regulations: $10.
(d) 
Comprehensive Development Plan: $40.
(e) 
Zoning Map (black/white): $10.
(f) 
Zoning Map (color): $30.
B. 
Administrative fees. The following are administrative fees for providing public records:
(1) 
Actual labor costs. Town staff time utilized to fulfill a request for records shall be billed at an hourly rate of $20. Staff time charges will be billed to the requesting party per quarter hour. Staff time charges will be in addition to any duplicating/copying charges. Charges for actual staff time costs include:
(a) 
Staff time associated with processing FOIA requests;
(b) 
Locating and reviewing files;
(c) 
Monitoring file reviews;
(d) 
Generating computer records (electronic or printouts); and
(e) 
Any other time rendered by the employee in researching, examining, developing, duplicating, reviewing and separating exempt from nonexempt information that has been requested.
(2) 
Other costs.
(a) 
Any other actual costs associated with fulfilling a request for information, such as postage, shall be at the expense of the requesting party. Administrative fees shall not include any cost associated with the Town's legal review of whether any portion of the requested records is exempt from FOIA.
(b) 
If the Town does not have the resources or equipment to duplicate requested records, the Town may arrange to have records duplicated by an outside contractor. In this instance, the requesting party will be responsible for payment of these costs.
C. 
Waiver of fees. The FOIA Coordinator, hereby designated as the Town Manager or designee, shall have the authority to determine if a fee for a FOIA request shall be waived, and the following criteria shall be used to render such a decision:
(1) 
The public record is already available in duplicate form (extra copies); or
(2) 
The request for public record is made by an individual who is entitled to information under FOIA and who submits an affidavit, provided by the Town, which shall state that the individual is then receiving public assistance or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigence. A person shall be considered indigent if that person's income level is at or below the federal poverty level as established by the Bureau of Census.
D. 
Payment.
(1) 
Payment for copies and/or administrative charges shall be due at the time copies are released to the requesting party. The Town reserves the right to refuse to make copies for requesting parties who have outstanding balances related to FOIA services.
(2) 
The Town may require prepayment of copying and administrative charges prior to mailing copies of requested records.
(3) 
A good faith deposit, as determined by the FOIA Coordinator or designee, must be provided by the requesting party in advance for those requests for which the fees are estimated to be over $50. The deposit shall not exceed 1/2 of the total estimated fee.
(4) 
The fee must be received before copies are delivered or before searching and reviewing commences, if a deposit is required.