Sample Resolution Establishing the Fee Structure for Freedom of Information Act Requests

Resolution of the public body regarding the fee structure used by the FOIA coordinator

BE IT RESOLVED, that __________ Township Board does hereby adopt the following fee schedule for establishing the proper charge for a Freedom of Information Act request under Public Act 442 of 1976. To be used in conjunction with the Freedom of Information Act Request Worksheet.

I. Duplication
A. Copies
(Commercial facility to be used)
$______ cost per page
OR
$______ cost per page (township-owned copier)

B. Computer Disks
$______ cost per disk

II. Mailing
Envelopes
$______ each, small size
$______ each, large size

III. Hourly Labor Wage
$______ (this may vary with each request--minimum wage may be used)
(This must be the hourly wage (may include fringe benefits) of the lowest paid township employee capable of retrieving the information necessary to comply with a request under the Freedom of Information Act.)

IV. Deposit
If the anticipated charges for a requested record will exceed $50, a good faith deposit of one half of the total anticipated charges shall be required.

V. Waiver of Fees
If an individual submits an affidavit stating that he or she is receiving public assistance or is able to state facts showing inability to pay fees because of indigency, a copy of a public record shall be furnished without charge for the first $20 of the fee for each request.

Adopted this _____ day of _________, 20__ by ______________ Township Board.

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Sample Freedom of Information Act Request Fee Worksheet

Cost may only be charged if a copy of a public record is requested. No fee may be charged for an individual to simply review public records

Date request received:_________ Date of response: _________

Record(s) requested:

I. Duplication Costs:
Township-owned copier __________
Commercial copier ______________
Facility used __________________
Cost per copy x Number of copies = $______
Cost per computer disk x Number of disks = $______

II. Mailing Costs:
Cost per envelope ____ x Number of envelopes ____ = $______
Postage cost (provide brief description) = $______
Cost per fax ____ x Number of faxes ____ = $______

III. Labor Costs:
Due to the nature of this request, a labor fee is being charged for the search, examination, review and (if appropriate) the deletion and separation of exempt from nonexempt information as provided in Section 14 of the Freedom of Information Act. This fee is being charged because the failure to do so would result in unreasonably high costs to the township. Specifically, ____________________________________________________________
____________________________________________________________
____________________________________________________________

Hourly labor rate $______ x Number of hours ____ = $______

IV. Total Charges: = $______