Download Chapter 3.44 - Charges Reasonably Necessary

Chapter 3.44
CHARGES REASONABLY NECESSARY TO RECOVER COSTS OF PROVIDING COPIES UNDER THE
PUBLIC RECORDS ACT BEYOND DIRECT COSTS OF DUPLICATION
Sections:
3.44.010
3.44.020
3.44.030
3.44.040
3.44.050
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Purpose.
Weighted salary as a recoverable cost.
Weighted salary of custodian of records shall be charged.
Nominal weighted salary charges are hereby waived.
Board of Supervisors may waive weighted salary charges.
3.44.010 Purpose. This chapter is adopted to
authorize county departments to recover
costs associated with providing copies of
public records beyond direct costs of
duplication as authorized by California
Government Code Section 54985.
public records, the Board of Supervisors may
waive costs to which a custodian is entitled
under Government Code Section 54985 upon
an objective demonstration of hardship. For
purposes of waiver herein, an “individual”
shall be defined to exclude sole
proprietorships, partnerships, corporations,
associations, or limited liability partnerships,
companies or any other for-profit or nonprofit
entities. (Ord. 3189 § 1, 2012)
3.44.020 Weighted salary as a recoverable
cost. The weighted hourly salary of a county
custodian of records, or his or her designee,
for actual time spent in complying with a
Public Records Act request is a cost beyond
the cost of direct duplication and is
recoverable under Government Code Section
54985.
3.44.030 Weighted salary of custodian of
records shall be charged. In addition to the
direct cost of providing documents requested
under the Public Records Act, the Board of
Supervisors authorizes each department head
and his or her custodians or records and/or
designees to charge parties requesting public
records a sum reasonably necessary to
recover such additional costs of furnishing
copies as permitted by law. Such additional
costs shall not exceed the weighted hourly
salary of the custodian or his designee
actually performing search, compilation,
delivery, and necessary redaction of the
requested documents.
3.44.040 Nominal weighted salary charges
are hereby waived. No custodian or his
designee shall charge for their time that is
nominal only.
3.44.050 Board of Supervisors may waive
weighted salary charges. Upon request to the
Board of Supervisors by an individual seeking
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