[HISTORY: Adopted by the Commissioners of the City of Rehoboth
Beach 5-17-2013 by Ord. No. 0513-01. Amendments noted where applicable.]
Except as otherwise provided in this chapter, access to public
records in the City of Rehoboth Beach shall be governed by the Delaware
Freedom of Information Act, Title 29, Chapter 100, of the Delaware
Code.[1]
[1]
Editor's Note: See 29 Del. C. § 10001 et seq.
A.
Duplicating/copying
fees. The following are duplicating/copying charges for providing
public records:
(1)
Black-and-white
printed, typed or written material.
(a)
The
cost for duplication or publication, including labor, for standard-sized,
black-and-white copies of public records 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.
B.
Administrative
fees. The following are administrative fees for providing public records:
(1)
Actual
labor costs. City 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
City’s legal review of whether any portion of the requested
records is exempt from FOIA.
(b)
If
the City does not have the resources or equipment to duplicate requested
records, the City 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 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);
(2)
The
request for public record is made by an individual who is entitled
to information under the FOIA and who submits an affidavit, provided
by the City, 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 City reserves the
right to refuse to make copies for requesting parties who have outstanding
balances related to FOIA services.
(2)
The
City may require prepayment of copying and administrative charges
prior to mailing copies of requested records.
(3)
A good
faith deposit must be provided 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.
