Subject: MULTI-DEPARTMENTAL ADMINISTRATIVE RULES

Rules Regarding:

Public Disclosure Fees

No. MDAR 17-0001

Publication:

6/19/2017 Effective:

7/23/2017

Authority:

SMC 3.104.010

SMC 3.104.030

Approved:

_____________________________________

Mayor Edward Murray Date

_____________________________________

Monica Simmons Date

Seattle City Clerk

_____________________________________

Pete Holmes, City Attorney Date

_____________________________________

Marcellus Turner, City Librarian Date

Seattle Public Library

_____________________________________

Jennifer Greenlee, Director Date

Public Safety Civil Service Commission and Civil Service Commission

_____________________________________

Jeff Davis, Executive Director Date

Seattle City Employees Retirement System

_____________________________________

Dan Oliver, Director Date

Police and Fire Pension

_____________________________________

Wayne Barnett, Executive Director Date

Ethics and Elections Commission

/s/ see addendum_______________________

F Lopez, Executive Director Date

Community Police Commission

/s/ see addendum_______________________

Teri Allen, Chair Date

Trust Committee for Deferred Compensation

_____________________________________

Sue Tanner, Hearing Examiner Date

Office of Hearing Examiner

INTRODUCTION

This Multi-Departmental Administrative Rule ("MDAR") was enacted in accordance with the notice and hearing procedures set forth in SMC 3.02.030. A notice of hearing was published in the Daily Journal of Commerce beginning on June 19, 2017. Notice was also provided on various City websites. A public hearing on the proposed MDAR was held on June 30, 2017. The City also solicited and reviewed written comments on the proposed MDAR.

1. STATEMENT OF COSTS

The City's costs for providing copies of public records are set forth in the Statement of Costs below. Requestors of public records will be charged in accordance with the Statement of Costs, except as provided in Section 2 of this rule.

Delivery method/materials Description Cost

Online delivery through Public Records Request Center (PRRC) There are three steps where charges may be incurred for receiving records through the PRRC:

1. A charge for uploading digital records (audio, electronic, documents, photo, video) to the system; fee is determined by electronic file size. Record less than 1 GB: $0.02 (minimum fee); record exceeding 1 GB: $0.09 per GB

2. Charge per minute of staff time to attach records to a response (minimum two minutes of staff time). $0.41 per minute

3. Charge of staff time for each increment of 25 attachments to release records to the customer. $0.41 per minute

Discs Records are copied to optical storage devices such as CD or DVD. $1 per disc

Paper copies A per-page charge for hard copies of requested records. B&W or color.

8 x 11; 8 x 14; 11 x 17; double-sided or single-sided. $0.15 per page

Scans A per-page charge for converting a record from a paper copy to an electronic format. $0.10 per page

Flash drives and other formats Customer can request records be delivered on a flash/thumb drive, USB, or other portable storage device. Actual cost

Outside vendor Outside vendors can be used for unusual formats, large quantities, or when a requestor asks for delivery of copies faster than the City can process. Actual cost

Postage If a customer requests records be delivered by U.S. Postal Service. Actual cost (based on weight)

Mailing materials Material to package records for mailing:

Any size manila envelope. $0.45

Disc protector (cardboard, jewel case, etc.) $0.50

Body-worn video footage (redaction cost) A per-minute charge for redacting video footage.* Actual cost ($0.60 per minute of redaction time)

*Redaction costs for body-worn video footage will be imposed in accordance with RCW 42.56.240(14).

2. WAIVER OF FEES

In responding to public disclosure requests, Public Disclosure Officers (PDOs) should charge requestors for copies of records in accordance with the Statement of Costs. However, a department may waive fees for copies of records as appropriate, taking into consideration such factors as administrative or clerical errors made by PDOs or other City employees and the de minimis nature of the request.

This determination should be made on a case-by-case basis, and waivers should be the exception rather than the norm. Fees should not be waived for extraordinary requests. Waivers based exclusively on a requestor's identity are prohibited.