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<br /> <br />April 12, 2010 <br /> <br />SUBJECT <br />Proposed Information Technology hourly rate for satisfying public records act requests <br />under the Public Records Act. <br /> <br />RECOMMENDATION <br />Approve, by resolution, the following Information Technology hourly fees to be applied <br />when satisfying public records act requests: fiscal year 2009-2010, $73.59; fiscal year <br />2010-2011, $74.22. <br /> <br />BACKGROUND <br />The Public Records Act (PRA) is designed to give the public access to records in <br />possession of public agencies (Government Code Section 6250 - 6270). "Public <br />records" include any writing containing information relating to the conduct of the public's <br />business prepared, owned, used, or retained by any State or local agency, regardless of <br />physical form or characteristics. <br /> <br />The PRA allows for the recovery of costs incurred to reproduce and deliver the record to <br />the requestor when the records being requested required data compilation, extraction, <br />or programming and are not already being produced in the format requested. <br /> <br />Many PRA requests to the City involve significant Information Technology staff time to <br />satisfy, especially when they involve the searching of email correspondence, or the <br />extraction of payroll and/or financial data from our financial system. <br /> <br />ALTERNATIVES <br />The Council could opt not to adopt a fee schedule and absorb the cost internally. This <br />is not recommended as the cost can be quite significant depending on the complexity of <br />the request and where the source data resides. The amount of time can be anywhere <br />from a few hours to many days. <br /> <br />The Council could adopt a lower fee schedule which does not fully recover the cost to <br />satisfy public records requests. This is also not recommended for the above reasons. <br /> <br />FISCAL IMPACT <br />The hourly cost (salary plus benefits) of a Senior Information Technology Analyst, <br />typically required to satisfy requests, is $73.59 for fiscal year 2009-10. The estimated <br />revenue for a fiscal year depends upon the number and complexity of requests. This <br />year's requests have been minimal and not very time consuming to satisfy. In years <br />past we have had complex requests which involved several days of staff time to perform <br />detailed searches which could have generated several thousand dollars of revenue. In <br />addition to the direct labor cost to satisfy a request, there is the lost opportunity of <br />selling that same staff member's time to another agency. <br />