[HISTORY: Adopted by the Town Council of the Town of Milton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-3-2014 by Ord. No. 2014-01]
This chapter identifies the fees charged by the Town in responding
to a request under the Freedom of Information Act. All applicable
charges identified herein shall be paid unless waived by the Town.
A.
Photocopying fees. In instances in which paper records are provided
to the requesting party, photocopying fees shall be as follows:
(1)
Standard-sized, black and white copies. The first 20 pages of standard-sized,
black-and-white copy material shall be provided free of charge. The
charge for copying standard-sized, black-and-white public records
for copies over and above 20 shall be $0.10 per sheet ($0.20 for a
double-sided sheet). This charge applies to copies on the following
standard paper sizes: 8.5" x 11", 8.5" x 14", and 11" x 17".
(2)
Oversized copies/printouts. The Town is unable to copy oversized
public records for the following sizes: 18" x 22", 24" x 36", and
documents larger than 24" x 36". The charge will be equal to the cost
incurred by the Town.
(3)
Color copies/printouts. An additional charge of $1.00 per sheet will
be assessed for all color copies or printouts for standard-sized copies
(8.5" x 11", 8.5" x 14", and 11" x 17").
A.
Administrative fees. Administrative fees shall be levied for requests
requiring more than one hour of staff time to process. Charges for
administrative fees may include staff time associated with processing
FOIA requests, including, without limitation: identifying records;
monitoring file reviews; and generating computer records (electronic
or printouts). Administrative fees shall not include any cost associated
with the public body's legal review of whether any portion of
the requested records is exempt from FOIA. The public body shall make
every effort to ensure that administrative fees are minimized and
may only assess such charges as shall be reasonably required to process
FOIA requests. In connection therewith, the public body shall minimize
the use of nonadministrative personnel in processing FOIA requests,
to the extent possible.
B.
Prior to fulfilling any request that would require a requesting party
to incur administrative fees, the public body shall provide an itemized
written cost estimate of such fees to the requesting party, listing
all charges expected to be incurred in retrieving such records. Upon
receipt of the estimate, the requesting party may decide whether to
proceed with, cancel, or modify the request.
C.
Administrative fees will be billed to the requesting party per quarter
hour. These charges will be billed at the current hourly pay grade
(prorated for quarter-hour increments) of the lowest-paid employee
capable of performing the service. Administrative fees will be in
addition to any other charges incurred under this section for copying
fees.
D.
When multiple FOIA requests are submitted by or on behalf of the requesting party in an effort to avoid incurring administrative charges, the public body may, in its discretion, aggregate staff time for all such requests when computing fees hereunder. Notwithstanding the foregoing, any Freedom of Information Act policy adopted by a public body pursuant to Subsection B of this section hereunder may include provisions for the waiver of some or all of the above administrative fees, provided that such waiver shall apply equally to a particular class of persons (i.e., nonprofit organizations).
A.
Microfilm and/or microfiche printouts. The first 20 pages of standard-sized,
black-and-white material copied from microfilm and/or microfiche shall
be provided free of charge. The charge for microfilm and/or microfiche
printouts over and above 20 shall be $0.15 per sheet.
A.
Electronically generated 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 DVD, CD, or
other electronic storage costs) and administrative costs.
A.
Any other actual costs associated with fulfilling a request for information,
such as postage, shall be at the expense of the requestor. If the
Town does not have the resources or equipment to duplicate requested
records, the Town, at its discretion, may arrange to have records
duplicated by an outside contractor. In this instance, the requestor
will be liable for payment of these costs. The requester shall be
provided an estimate of the costs involved to fulfill his/her request
for information. In providing access to public records, the FOIA Coordinator
may take necessary and reasonable action to protect the Town's
public records and to prevent excessive and unreasonable interference
with the discharge of the Town's functions. This does not require
the Town to make a compilation, summary or report of information.
A.
Payment for copies and administrative charges will be due at the
time copies are released to the requestor. The Town reserves the right
to refuse to make copies for requestors who have outstanding Freedom
of Information Act request balances.
B.
Notwithstanding the foregoing § 119-6A, the Town may require prepayment of copying and administrative charges prior to mailing copies of requested records.
C.
A deposit must be provided in advance for those requests for which
the fees the FOIA Coordinator estimated are over $50. The deposit
shall be 1/2 of the total estimated fee.
D.
The fee must be received before copies are delivered or before searching
and reviewing commences, if a deposit is required.
The FOIA Coordinator for the Town of Milton shall be the Town
Manager or the Town Manager's designee. The Town website shall
indicate the name of the FOIA Coordinator, in compliance with 29 Del.
C. § 10003, unless otherwise amended.
