Unreasonable Fees for Access
Q: The county keeps a database of records that are computer printouts of companies who have valid permits, and these lists used by their staff daily. They are not custom made for the public, and other counties post these lists on their website at no charge. In addition, the County requires a written request and charges a search fee of $67.00 to determine if there are records available, the request is then processed, and then an appointment is scheduled to review the records. The files are not available over the counter at no charge, and the $67.00 fee is not refunded if there are no records. The county attorney denied our claim for a refund based on the Public Records Act, saying the Supervisors set the fees and they were made into a county ordinance. Is a lawsuit the only relief we have to get the county to comply with the state law?
A: The Public Records Act guarantees the public’s right to access records in either paper or electronic form. See Govt. Code section 6253.9. To the extent the county is charging fees for copies of those records, any fees beyond the costs of duplication and/or any programming fees that may be allowed pursuant to Government Code section 6253.9(b), the limitations set forth in Government Code sections 54985 and 54986 and described in my earlier email would apply. However, to the extent the county is assessing a charge merely to review the records, that would not be allowed by either the PRA or Government Code sections 54985 and 54986. The Attorney General opinion noted in my earlier response, which can be found at the following link, addresses this in the third paragraph from the bottom:
http://www.cfac.org/AGOpinions/ag_op_01_605.html
To the extent the County refuses to comply with the PRA, either in response to your oral or written requests (if you have not already done so, you might want to send a letter describing these legal authorities and requesting compliance with the PRA), your remedy is to file a suit under the PRA. Government Code sections 6258 and 6259 address legal action under the PRA. If your suit results in the county releasing the requested records (either by court order or by the county’s voluntary action after you file suit), you will be entitled to your attorneys fees. See Govt Code section 6259(d).