July 29, 1998; City of Wanamingo
7/29/1998 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:For purposes of simplification, the information presented by the person who requested this opinion and the response from the government entity with which the person disagrees are presented in summary form. Copies of the complete submissions are on file at the offices of PIPA and, except for any data classified as not public, are available for public access. On June 8, 1998, IPA received a letter from Jean Batalden. In her letter, Ms. Batalden asked the Commissioner to issue an opinion on two issues regarding her rights to gain access to certain data maintained by the City of Wanamingo. Ms. Batalden enclosed copies of related correspondence. After discussion with IPA staff, one issue was agreed upon. In response to Ms. Batalden's request, IPA, on behalf of the Commissioner, wrote to Susan E. Kyllo, Wanamingo City Clerk/Treasurer. The purposes of this letter, dated June 19, 1998, were to inform her of Ms. Batalden's request, and to ask her to provide information or support for the City's position. On July 8, 1998, IPA received a response from Ms. Kyllo. A summary of the detailed facts of this matter follows. Ms. Batalden made several requests for access to public data maintained by Wanamingo in February, March and April of 1998. The City made various responses to her requests. Of relevance here, in a letter dated April 27, 1998, Ms. Kyllo told Ms. Batalden that the City will be keeping track of all time involved in the retrieving, compiling, and copying of documents. These will be actual costs plus $.25 per copy. (Emphasis hers.) Issue:In her request for an opinion, Ms. Batalen asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes Section 13.03, subdivision 3, government entities may charge for copies of public government data. Specifically, the statute states that an entity may charge the actual costs of searching for and retrieving government data, including the cost of employee time, and for making, certifying, compiling, and electronically transmitting the copies. In addition, Minnesota Rules Part 1205.0300, subpart 4, provides that an entity, in determining a fee, shall be guided by the following: cost of materials; cost of labor; any schedule of standard copying charges; any special costs; and mailing costs. Ms. Kyllo told Ms. Batalden that the City would charge her $.25 per page plus the actual cost of all time involved in the retrieving, compiling, and copying of documents. Ms. Kyllo did not tell Ms. Batalden what the City charges for that time. In her response to the Commissioner, Ms. Kyllo provided the following breakdown of the City's $.25 cent charge for photocopies: paper $.03; cost of copy $.10; labor $.12. According to Ms. Kyllo, this does not include the time we spend looking up the information that is requested of us. Some of the requests that Ms. Batalden has asked for has [sic] taken hours to locate the information. Ms. Kyllo did not respond to IPA's request for additional detailed information documenting the City's photocopy charges. The City's response is problematic for two reasons. First, Ms. Kyllo did not provide any information that indicates (1) that the City's actual cost for paper is $.03 per sheet, or (2) how the $.12 per copy labor cost was derived. Second, there is reference to a cost of copy of $.10, but no explanation of what that cost includes. The paper and labor costs may represent the City's actual costs, but the $.10 cost of copy does not appear to be an allowable charge. In addition, the City has indicated that it will charge Ms. Batalden for the time it takes to search for and retrieve the data she requested. The City may do so, provided the charge represents its actual costs, and the City has met its burden to maintain data so that the data are easily accessible for convenient use. (See Section 13.03, subdivision 1.) In summary, as stated above, Section 13.03, subdivision 3, provides that in charging for copies of public government data, the entity may charge only the actual costs of searching for and retrieving the data, including the cost of employee time, and for making, certifying and compiling the copies. In this case, based on the lack of detail provided, the Commissioner is unable to determine whether the charge assessed to Ms. Batalden by the City of Wanamingo is in compliance with the provisions of Section 13.03, subdivision 3. Opinion:Based on the facts and information provided, my opinion on the issue raised by Ms. Batalen is as follows:
Signed:
Elaine S. Hansen
Dated: July 29, 1998 |
