Residents of San Benito County attempting to obtain public
documents have to cough up 50 cents per page if they want to take a
copy of the document home.
Hollister – Residents of San Benito County attempting to obtain public documents have to cough up 50 cents per page if they want to take a copy of the document home.
The fee, which applies to all county departments, was instated first through a county ordinance in 1987 and renewed in 2002, according to Sally Navarez, assistant clerk of the Board of Supervisors.
“Sometimes (people) complain, but if I’m making a copy I try to do a duplex,” Navarez said. “Yes, it’s still a 50 cent fee, but at least it’s on two-sided paper.”
Access to public records at a reasonable cost has been an ongoing problem for people throughout the state, according to Jim Ewert, an attorney for the California Newspaper Publishers Association. State law says the fee must be based on the cost of paper, toner, and electricity.
The problem has spurred lawsuits, such as one in San Diego some 10 years ago. A group of parents sued the California Department of Education for basing the prices of copies on factors such as employee’s time, he said.
The court ruled in favor of the parents based on a government code section which defines what public agencies can charge for concerning copies. However, it is up to elected officials to set the cost through county ordinances, he said.
“Sometimes they pass policies out of ignorance because they’re not aware (of the law), sometimes they’re aware and are doing it to enhance revenue,” Ewert said. “Or maybe they’re indolent and it’s easy to pull a number out of the air.”
County Administrative Officer Susan Thompson said she assumed the county fee is based on a study done when the ordinance was passed. She said it is a cost-recovery fee based on the actual cost to produce a document, and that there is no profit made.
Supervisor Reb Monaco, who was a board member in 2002, had no idea how much the county charges for copies of documents.
“Wow, it seems high to me right off the cuff,” he said. “Maybe we need to look at that again.”
Thompson said that the fee, along with other fees, is part of a current county study, and that it could be revisited and modified.
While the law is unambiguous on how public agencies set copying fees, prices per copy vary widely from county to county.
Monterey County only charges 12 cents, and while Santa Clara County charges 10 cents per page, it also levies a $4.75 flat service fee on anyone asking for a public record.
Ewert said that all county governments have to do is justify the expense within the confines of the law and they can charge whatever they want for copies. However, charging a flat service fee, such as Santa Clara’s, is against the law, he said.
