Survey question; town bylaw / policy - no charge for public records. Yes or no?
Paper, ink, computers, printers, copiers, people producing or getting the information are already all paid for, no reason to pay twice.
What is the cost for copies of public records; what about electronic records?
Absent a specifically identified statute or regulation, an RAO may charge no more than $0.05 per page for single and double-sided black and white paper copies or computer printouts. There is no longer a separate charge for police or fire reports, or for computer printouts.
The Public Records Law and its Regulations apply to all Massachusetts government records, regardless of form, and regardless of the location of the
records.
Provision of public records in electronic form is preferred where available. An RAO is not permitted to assess a copying fee for electronic records. The $0.05 fee applies only to paper copies of records.
Public records that are of great interest to a large number of people must be readily available within the office of the RAO and should be provided at a minimum cost, if any. Examples include minutes of board meetings, town meeting documents, warrants, street lists and municipal financial documents.
Many of these records are required to be placed on the RAO’s website.
An RAO may charge and recover a fee for the time spent searching, redacting, photocopying and refiling a record.
Municipalities with a population of 20,000 and under are permitted to charge
for the first two hours of time spent searching for, compiling, segregating, redacting and reproducing a requested record.
The hourly rate may not be greater than the prorated hourly wage of the lowest paid employee who is capable of performing the task. Generally, an RAO is not permitted to charge an hourly rate in excess of $25.00 per hour to search for records. Municipal RAOs may petition the Supervisor for permission to charge a fee in excess of $25.00.