Agenda Packets - 2011/11/01 - Laserfiche WebLink

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Forms of Data Government data are more than official city records. For example, calendars with dates, times and locations of meetings, as well as notes taken at meetings, are government data. As government data, this information is subject to public access under the Act. A calendar that is a mix of personal and public information creates the need for a city to separate the public from private before releasing requested information. Electronic forms of government data present special challenges in meeting the requirements of the Act. One such challenge is the permanency of computer files; when something is deleted on the screen, it is generally still recoverable. This is significant in the context of e-mail. Employees often use e-mail in the same way as verbal communication not realizing that e-mail leaves a record that is likely accessible under the Act. It is important to remember the Act requires that all forms of government data be accessible—this includes electronic data. This requirement should be considered both when determining how best to store government data (regardless of its form) and when separating data in response to a request. Charges for Information A city cannot charge a fee for inspection of data. The Act requires that government data be kept in a manner that makes it easily accessible for convenient use. So, no matter how much time and effort is needed to find and retrieve requested data, a city may not charge a fee if a person only requests to inspect data. Inspection includes viewing the data, but does not include a city printing copies of the data unless printing a copy is the only method by which the data could be inspected. When a person requests copies or electronic transmittal of public government data, and the requester is not the subject of the data, a city may require the requester to pay a fee. Suggested guidelines for calculating such a fee are provided below. Fee Calculation Method I If 100 or fewer pages of black and white, letter or legal size paper copies are requested, a city may charge a per-page fee of not more than 25 cents for each page copied (50 cents for a two-sided copy). A city may charge only the per-page fee and cannot require the requester to pay any other costs associated with providing the copies. A city is not permitted to divide a single request into multiple requests for copies of fewer than 100 pages in order to avoid charging a fee based on the actual cost of providing copies. Definition Government data are defined as all data collected, created, received, maintained, or disseminated by a city regardless of physical form, storage media, or conditions of use. Besides paper documents, government data includes audio and videotapes, computer disks, e- mails, and even computer hard drives. Mental impressions are not government data. Something to Think About Regardless of which method is used, a city may not charge a fee for separating public data from private data.