What is a Reasonable Fee
Q: The County of Riverside Environmental Health Dept. is charging $213 each for providing lists of generators, underground storage tanks, and other public records regarding the storage and use of hazardous materials. The total charge for the six lists is $1,278.00. The County Attorney will not waive the fees, stating they were established by the Board of Supvervisors. What can be done to obtain the records at a reasonable fee?
A: Under the Public Records Act, public agencies must provide copies of public records “upon payment of fees covering direct costs of duplication, or a statutory fee if applicable.” Govt. Code section 6253(b). Counties may be allowed, by statute (Govt. Code section 54985), to charge fees that exceed the “direct costs of duplication” for copies of certain documents, so long as the fees do not exceed the amount reasonably necessary to recover the cost of providing the copy. 85 Ops. Cal. Atty. Gen. 225 (2002).
Section 54985 provides that if any person disputes whether the fee or charge levied … is reasonable, the board of supervisors may request the county auditor to conduct a study and to determine whether the fee or charge is reasonable.” In addition, Government Code section 54986 requires that for fees established after 1983, prior to any fee being set under section 54985, the Board of Supervisors “shall” follow a formal process that requires, among other things, a public hearing and the public distribution of data indicating the amount of cost required to provide the product or service. Also, any action taken by the Board to levy a fee must be done by ordinance.
Given the amount being charged for the records at issue and the procedures that must be followed before such a fee is set, it may be possible to challenge the amount of the fee the county is seeking. Alternatively, keep in mind that you are entitled, under the Public
Records Act, to inspect these documents free of charge at the county’s offices.
One Comment
I live in Riverside County. I have had the same experience attempting to get access to my own records with Code Enforcement, Dept. of Building and Safety and Sheriff.
Thus far: Denied public records access to VIEW/INSPECT records of (my own property only) from Code Enforcement
Denied public records access from Dept. of Building & Safety (my own property only) because ‘the Board of Supervisors has not set up any provision for you to view our documents as they are viewable only on ‘our own computers in the back room and you can’t go in there.
When I finally agreed to pay for copies of a few documents, their receipt shows they charged me $7.50 for their research time equal to 15 minutes of research. $7.50 for clerical research. This did not include copy fee.
Sheriff’s Department: Charged me $15.00 flat fee, even if the document was only one page in length. They said this was their ‘cost for their staff to get the copies’.
the Sheriff’s department also denied me the right to obtain a copy of any report whereby I was the VICTIM of a crime and I reported the crime and the suspects name, address and phone number were provided by me. There was no confidential information, no DA filing, no reason for denial. They refused to provide me a copy for my insurance company or for any other legal purpose, even though I was the victim (theft, 487PC)
Riverside County, most if not all departments, flat out refuse to allow inspection of records and/or copies without months of letter writing, pressure and demands. They are 20 years behind the times (and laws/statutes) as far as access and fees charged.
I am still fighting these battles to review/receive ALL of the records that these departments have kept. In releasing some records, they refuse to release the pertinent documents, instead saying ‘they don’t exist’ (photos, phone records, notes, memos, etc) or ‘have been destroyed’. They claim they have no policy for RETENTION of documents, thereby destroying all pertinent documents, even those relating to CODE VIOLATIONS or BUILDING AND SAFETY enforcement violations, whether or not the violations have been corrected.
Too much more to list in this e-mail. I do have all of the documentation of their denials/refusals, dates, persons contacted, e-mail requests(and their refusals) etc.
All I want is my own records for my personal and legal needs. They refuse or charge fees not set by via 54985 (much less 6250, etc)
I live in Riverside County. I have had the same experience attempting to get access to my own records with Code Enforcement, Dept. of Building and Safety and Sheriff.
Thus far: Denied public records access to VIEW/INSPECT records of (my own property only) from Code Enforcement
Denied public records access from Dept. of Building & Safety (my own property only) because ‘the Board of Supervisors has not set up any provision for you to view our documents as they are viewable only on ‘our own computers in the back room and you can’t go in there.
When I finally agreed to pay for copies of a few documents, their receipt shows they charged me $7.50 for their research time equal to 15 minutes of research. $7.50 for clerical research. This did not include copy fee.
Sheriff’s Department: Charged me $15.00 flat fee, even if the document was only one page in length. They said this was their ‘cost for their staff to get the copies’.
the Sheriff’s department also denied me the right to obtain a copy of any report whereby I was the VICTIM of a crime and I reported the crime and the suspects name, address and phone number were provided by me. There was no confidential information, no DA filing, no reason for denial. They refused to provide me a copy for my insurance company or for any other legal purpose, even though I was the victim (theft, 487PC)
Riverside County, most if not all departments, flat out refuse to allow inspection of records and/or copies without months of letter writing, pressure and demands. They are 20 years behind the times (and laws/statutes) as far as access and fees charged.
I am still fighting these battles to review/receive ALL of the records that these departments have kept. In releasing some records, they refuse to release the pertinent documents, instead saying ‘they don’t exist’ (photos, phone records, notes, memos, etc) or ‘have been destroyed’. They claim they have no policy for RETENTION of documents, thereby destroying all pertinent documents, even those relating to CODE VIOLATIONS or BUILDING AND SAFETY enforcement violations, whether or not the violations have been corrected.
Too much more to list in this e-mail. I do have all of the documentation of their denials/refusals, dates, persons contacted, e-mail requests(and their refusals) etc.
All I want is my own records for my personal and legal needs. They refuse or charge fees not set by via 54985 (much less 6250, etc)
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