August 25, 2004; Benton County Auditor/Treasurer
8/25/2004 10:15:43 AM
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.
Facts and Procedural History:On July 9, 2004, IPAD received a letter from Kelly Scott, of the St. Cloud Times. In her letter, Ms. Scott asked the Commissioner to issue an advisory opinion regarding charges the Benton County Auditor/Treasurer's office assessed for copies of data. In response to Ms. Scott's request, IPAD, on behalf of the Commissioner, wrote to Joan Neyssen, the Auditor/Treasurer. The purposes of this letter, dated July 16, 2004, were to inform her of Ms. Scott's request and to ask her to provide information or support for the office's position. The office did not provide comments to the Commissioner. A summary of the facts as Ms. Scott provided them is as follows. In her opinion request, Ms. Scott wrote that she went to the office to request copies of tax information on a property in Sauk Rapids. She stated: When I went to the Auditor/Treasurer's office, I was first told that I couldn't have a copy of the actual property tax statement but could have a computer printout of the information. The reason I was given was that I wasn't the property owner. I asked the office staff to tell me the part of the law that said I couldn't get a copy of the original and wasn't given an answer. They ended up giving me a 1-page copy of the computer printout of the information and I was charged $1 for it. I understand that this is a uniform rate throughout the county as determined by a county-approved fee schedule. I do not have a copy of that fee schedule. I'm questioning whether a copy's actual costs, which is what I understand Chapter 13 of Minnesota law requires governments to charge, can be $1 for a one-page document. I especially wonder since most of the staff time involved in the request was spent arguing with me about whether the information was public. Making the print out took less than a minute. Issue:In her request for an opinion, Ms. Scott asked the Commissioner to address the following issue:
Discussion:When an individual requests copies of data of which s/he is not the subject, the government entity may charge the actual costs of searching for and retrieving government data, including the cost of employee time, and for making...the copies...but may not charge for separating public from not public data. (See Minnesota Statutes, section 13.03, subdivision 3(c).) In addition, Minnesota Rules, section 1205.0300, states, ...the responsible authority may charge a reasonable fee for providing copies of public data. Ms. Scott states that she was charged $1 for a one-page copy of the printout of tax information on a particular parcel of property. The Auditor/Treasurer's office did not provide comments to the Commissioner indicating how it arrived at the $1 fee. Therefore, the Commissioner cannot make a determination regarding whether the Auditor/Treasurer's office complied with Chapter 13. Opinion:Based on the facts and information provided, my opinion on the issue that Ms. Scott raised is as follows:
Signed:
Brian J. Lamb
Dated: August 25, 2004 |
