August 25, 2004; Benton County Recorder
8/25/2004 10:14:43 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 13, 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 Recorder's office assessed for copies of data. In response to Ms. Scott's request, IPAD, on behalf of the Commissioner, wrote to Marilyn Novak, the Recorder. 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 Recorder's 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 states that she went to the County to request copies of all documents related to the mortgage on a particular parcel of property. She wrote: I went to the recorder's office for the information on the mortgage. I was shown how to look up the information. I then searched for the information I was looking for, found the documents' number and typed them into the computer that's set up for public use. I printed the documents from the machine, and then went next door to the counter to be billed $.50 a page for them. I was charged $3.50 for the seven-pages, something I found bizarre since it was my time and effort that found the information. A staff member generally directed me to the Index and computer system. But, I'd estimate that took less than a minute. Still I was charged what I understand to be the county's copying rate of $.50 a page. I'm questioning whether the copies' actual costs, which is what I understand Chapter 13 of Minnesota law required governments to charge, can be $.50 a page when I essentially did all the work myself.... 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 $3.50 for seven pages of data relating to a mortgage on a particular property. The Recorder's office did not provide comments to the Commissioner indicating how it arrived at the $3.50 fee. Therefore, the Commissioner cannot make a determination regarding whether the Recorder's office complied with Chapter 13. The Commissioner, however, provides the following note. As stated above, in determining fees for copies of data, government entities may charge only the actual costs of searching for and retrieving the data, plus the cost of making the copies. Here, Ms. Scott states that she, not the Recorder's office, searched for and located the data, and then printed the documents. If the Recorder's office did not expend any staff time on gathering and making the copies, it is not clear why the Recorder's office assessed Ms. Scott a charge. Opinion:Based on the facts and information provided, my opinion on the issue raised that Ms. Scott raised is as follows:
Signed:
Brian J. Lamb
Dated: August 25, 2004 |
