(a) A fee may be charged for the labor cost of copying/duplication.
(b) A fee will not be charged for the labor cost of search, examination, review and the deletion and separation of exempt from non-exempt information unless failure to charge a fee would result in unreasonably high costs to the city because of the nature of the request in the particular instance, and the city specifically identifies the nature of the unreasonably high costs.
(c) Costs for the search, examination review and deletion and separation of exempt from non-exempt information are “unreasonably high” when they are excessive and beyond the normal or usual amount for those services (Attorney General Opinion 7083 of 2001) compared to the costs of the city’s usual FOIA requests, not compared to the city’s operating budget (Bloch v. Davison Community Schools, Michigan Court of Appeals, Unpublished, April 26, 2011).
(d) The following factors shall be used to determine an unreasonably high cost to the city:
(1) Volume of the public record requested;
(2) Amount of time spent to search for, examine, review and separate exempt from non-exempt information in the record requested;
(3) Whether the public records are from more than one city department or whether various city offices are necessary to respond to the request;
(4) The available staffing to respond to the request; and
(5) Any other similar factors identified by the FOIA Coordinator in responding to the particular request.
(e) The state FOIA statute permits the city to charge for the following costs associated with processing a request:
(1) Labor costs associated with copying or duplication, which includes making paper copies, making digital copies or transferring digital public records to non-paper physical media or through the internet;
(2) Labor costs associated with searching for, locating and examining a requested public record, when failure to charge a fee will result in unreasonably high costs to the city;
(3) Labor costs associated with a review of a record to separate and delete information exempt from disclosure, when failure to charge a fee will result in unreasonably high costs to the city;
(4) The cost of copying or duplication, not including labor, of paper copies of public records. This may include the cost for copies of records already on the city’s website if a person asks for the city to make copies;
(5) The cost of computer discs, computer tapes or other digital or similar media when the requester asks for records in non-paper physical media. This may include the cost for copies of records already on the city’s website if a person asks for the city to make copies; and
(6) The cost to mail or send a public record to a requestor.
(f) Labor costs will be calculated based on the following requirements.
(1) All labor costs will be estimated and charged in 15-minute increments, with all partial time increments rounded down. If the time involved is less than 15 minutes, there will be no charge.
(2) Labor costs will be charged at the hourly wage of the lowest-paid city employee capable of doing the work in the specific fee category, regardless of who actually performs work.
(3) Labor costs will also include a charge to cover or partially cover the cost of fringe benefits.
(4) The city may add up to 50% to the applicable labor charge amount to cover or partially cover the cost of fringe benefits, but in no case may it exceed the actual cost of fringe benefits.
(5) Overtime wages will not be included in labor costs unless agreed to by the requestor; overtime costs will not be used to calculate the fringe benefit cost.
(6) Contracted labor costs will be charged at the hourly rate of $48.90 (six times the state minimum hourly wage).
(g) The cost to provide records on non-paper physical media when so requested will be based on the following requirements:
(1) Computer disks, computer tapes or other digital or similar media will be at the actual and most reasonably economical cost for the non-paper media;
(2) This cost will only be assessed if the city has the technological capability necessary to provide the public record in the requested non-paper physical media format; and
(3) The city will procure any non-paper media and will not accept media from the requestor in order to ensure integrity of the city’s technology infrastructure.
(h) The cost to provide paper copies of records will be based on the following requirements.
(1) Paper copies of public records made on standard letter (eight and one-half by 11) or legal (eight and one-half by 14) sized paper will not exceed $0.10 per sheet of paper.
(2) Copies for non-standard sized sheets of paper will reflect the actual cost of reproduction.
(3) The city will provide records using double-sided printing, if it is cost-saving and available.
(i) The cost to mail records to a requestor will be based on the following requirements:
(1) The actual cost to mail public records using a reasonably economical and justified means;
(2) The city may charge for the least expensive form of postal delivery confirmation; and
(3) No cost will be made for expedited shipping or insurance unless specified by the requestor.
(j) If the FOIA Coordinator does not respond to a written request in a timely manner, the city must:
(1) Reduce the labor costs by 5% for each day the city exceeds the time permitted under FOIA up to a 50% maximum reduction, if any of the following applies:
A. The city’s late response was willful and intentional;
B. The written request conveyed a request for information within the first 250 words of the body of a letter facsimile, email or email attachment; or
C. The written request included the words, characters or abbreviations for “freedom of information”, “information”, “FOIA”, “copy” or a recognizable misspelling of such or legal code reference to M.C.L.A. §§ 15.231 et seq. or Public Act 442 of 1976 on the front of an envelope or in the subject line of an email, letter or facsimile cover page.
(2) Fully note the charge reduction in the detailed itemization of costs form.