Amendment ID: S2120-61
Amendment 61
Strengthening Requirements for Excess Cost
Mr. Tarr moves to amend the amendment By striking section (iv) of subsection (d) of Section 10A and inserting in place thereof the following new section:-
(iv) the supervisor of records may approve a petition from an agency or municipality to charge for the time spent segregating or redacting, or a petition from a municipality to charge in excess of $25 per hour, if the supervisor of records determines that: (1) the charge represents an actual and good faith representation by the agency or municipality of the costs to comply with the request; (2) the charge is necessary such that the request could not have been fulfilled by charging $25 per hour without substantially disrupting the operations of the agency or municipality; (3) the charge does not have the effect of limiting, deterring or preventing access to requested public records; and (4) the work could only be performed by legal counsel or another person with technical expertise.
In making a determination regarding such a petition, the supervisor of records shall consider the public interest served by limiting the cost of public access to the records, the financial ability of the requester to pay additional or increased charges, and any special circumstances that would render a higher fee either just or unjust. The supervisor shall not approve and charges in excess of the hourly rate of the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact, or reproduce the record or records requested. An agency or municipality, upon submitting a petition under this clause, shall issue a written determination with findings regarding such a petition within 7 calendar days following receipt of the petition by the supervisor of public records. The supervisor of records shall provide the determination to the agency or municipality and the requestor and shall inform the requestor of the right to appeal an unfavorable decision to the superior court; and