HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2008 - RESOLUTION 2008-075 ESTABLISHING FEES CHARGED BY F ITEM NUMBER: 29
AGENDA ITEM SUMMARY DATE: August 19, 2008
FORT COLLINS CITY COUNCIL STAFF: Fran Seaworth
SUBJECT
Resolution 2008-075 Establishing Fees Charged by Fort Collins Municipal Court Relating to the
Release of Criminal Justice Records.
RECOMMENDATION
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT
It is not expected that the fees generated from these records requests will increase revenues for the
Municipal Court since these fees are set at a level to cover only the actual cost,including staff time,
materials and depreciation of equipment, of providing records to the public.
EXECUTIVE SUMMARY
The Fort Collins Municipal Court assesses various costs and fees, in addition to fines and other
penalties. The Colorado Criminal Justice Records Act allows criminal justice agencies to "assess
reasonable fees, not to exceed actual costs, including but not limited to personnel and equipment,
for the search, retrieval and copying of criminal justice records." The Act also requires that the
amount of such fees in this instance be set by City Council. Approval of the change in the Fee
Schedule will allow Fort Collins Municipal Court to comply with HB 08-1076, which became
effective August 6, 2008.
BACKGROUND
Fort Collins Municipal Court currently follows a fee schedule which was last approved by City
Council in 2007 and has remained virtually the same since that time. Staff recommends changing
the current fee schedule to comply with HB 08-1076.
Fort Collins Municipal Court is authorized pursuant to C.R.S. 24-72-306(1) to assess reasonable
fees to cover actual costs, including its personnel and equipment cost, incurred to search retrieve,
and copy criminal justice records for public inspection. This statute also requires that such fees be
approved by the City Council.
August 19, 2008 -2- Item No. 29
The recommended fees are as follows:
Payment of estimated fees and charges are due prior to processing the request.
Routine searches: Search and retrieval time: $5.00 for first 15 minutes
Non-Routine (special searches): Search and retrieval time: $8.00 for first 15 minutes.
$27.00 per hour after first 15 minutes ($27.00 minimum)
Standard copy of document(s): $0.25 per page plus the search and retrieval fee above.
Certified copy of document(s): $5.00 per page plus the search and retrieval fee above.
Records of Court Hearings: $35.00 per CD, plus the search and retrieval fee above.
Transcripts of Court Hearing: $200.00 deposit
Once the actual fee and charge amounts are known, the
requestor will be refunded any excess amount collected or
will be required to pay any additional amount owed prior
obtaining the transcript.
RESOLUTION 2008-075
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING FEES CHARGED BY
FORT COLLINS MUNICIPAL COURT RELATING TO
RELEASE OF CRIMINAL JUSTICE RECORDS
WHEREAS, the Colorado Criminal Justice Records Act, C.R.S. Section 24-72-306(1),
authorizes the Fort Collins Municipal Court to assess reasonable fees for the actual costs it
incurs, including its personnel and equipment costs, in searching for, retrieving and copying
criminal justice records for public inspection; and
WHEREAS, C.R.S. Section 24-72-306(1) also requires that any such fees be established
by the City Council; and
WHEREAS, the fee schedule currently used by the Municipal Court was last approved
by the City Council in 2007; and
WHEREAS, House Bill 08-1076 limits the amount that a law enforcement agency may
charge for copies of criminal justice records documents to $0.25 per page; and
WHEREAS, the proposed fee schedule adopts the copying fee per page, as capped by HB
08-1076, and reflects the current, actual cost to Municipal Court for making criminal justice
records available for public inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that the following fees are hereby established and shall be applicable for all
requests, unless otherwise waived or exempted by law or policy, to the Fort Collins Municipal
Court for public inspection of criminal justice records:
CRIMINAL JUSTICE RECORDS RELEASE FEES, FORT COLLINS MUNICIPAL COURT
Payment of estimated fees and charges are due prior to processing the request.
Routine searches: Search and retrieval time: $5.00 for first 15 minutes
Non-Routine (special searches): Search and retrieval time: $8.00 for first 15 minutes.
$27.00 per hour after first 15 minutes ($27.00 minimum)
Standard copy of document(s): $0.25 per page plus the search and retrieval fee above.
Certified copy of document(s): $5.00 per page plus the search and retrieval fee above.
Records of Court Hearings: $35.00 per CD,plus the search and retrieval fee above.
Transcripts of Court Hearing: $200.00 deposit (Once the actual fee and charge amounts
are known, the requestor will be refunded any excess
amount collected or will be required to pay any additional
amount owed prior obtaining the transcript.)
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of August A.D. 2008.
Mayor
ATTEST:
City Clerk