Q: I requested access to a building permit from 1973. Our building department told me I had to pay $55 for building research fee to cover ”staff time.” Copies, if asked for, are an additional 25 cents per page, but I guess copying fee of that amount is borderline legitimate.
They have been charging this since at least 1995. I personally know at least 25 people who paid that fee over the years. I wonder if class action would be an appropriate and feasible remedy in this case. Please advise.
A: With respect to the issue of permissible fees, the Public Records Act permits agencies to charge those who receive copies of records only the actual costs of duplication. Govt. Code section 6253(b).
Fees for searching are not permitted, unless the Legislature has specifically authorized a search fee. I am not aware of any statutory authorization for search fees for copies of building permits. But you may want to ask the agency what its authority is to charge the fee.
Regarding your inquiry about class actions, that is an area of law that is beyond our limited expertise in freedom of speech and freedom of information. I am sorry that we will not be able to help you with that particular questions.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.