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