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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2006 - RESOLUTION 2006-125 ESTABLISHING FEES CHARGED BY T ITEM NUMBER: 23 AGENDA ITEM SUMMARY DATE: December5, 2006 FORT COLLINS CITY COUNCIL STAFF: Joanne Sizemore SUBJECT Resolution 2006-125 Establishing Fees Charged by the Fort Collins Police Services for Evidence Viewing. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY These fees are being established due, in part, to a significant increase in requests for property and evidence viewing and copying by non-law enforcement agency personnel. C.R.S. Section 24-72-306(1) authorizes Fort Collins Police Services to assess reasonable fees for the actual costs it incurs, including its personnel and equipments costs,to search,retrieve and copy criminal justice records for public inspection. This statute also requires that such fees be approved by the City Council. The cost of equipment and personnel to provide copies of digital recordings, color photographs and other documentary materials held in Evidence has not previously been included in calculating established fees. The amendment to the FCPS' Criminal Justice Records Fee Schedule proposed will allow for the copying of documents held in Evidence, as well as the collection of fees for the search, retrieval, copying and viewing of criminal justice records retained in the Property and Evidence Unit. RESOLUTION 2006-125 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING FEES CHARGED BY FORT COLLINS POLICE SERVICES FOR EVIDENCE VIEWING WHEREAS, C.R.S. Section 24-72-306(l) authorizes Fort Collins Police Services to assess reasonable fees for the actual costs it incurs, including its personnel and equipment costs, to search, retrieve and copy 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, C.R.S. Section 24-72-302(4) defines "Criminal Justice Records" to include photographs, tapes, papers and other documentary materials; and WHEREAS, the criminal justice records fees previously established by Resolution 2005- 036, adopted by Council on April 19, 2005, did not address criminal justice records logged into the Fort Collins Police Services Property and Evidence Unit; and WHEREAS, there has been a significant increase in requests for property and evidence viewing by non-law enforcement agency personnel WHEREAS, the search, retrieval and viewing process for criminal justice records logged into or held as evidence by the Property and Evidence Unit requires evidence technicians to log out, copy, re-seal and log back in such materials, in order to minimize tampering or contamination and chain of custody allegations; and WHEREAS, for these reasons, the cost to provide these records is substantially greater than the costs to retrieve and copy reports; and WHEREAS, the costs of equipment and personnel to provide copies of digital recordings and color photographs and other documentary materials held in evidence has not previously been included in calculating fees, and such costs are also substantial; WHEREAS, the proposed amendment to the FCPS' fee schedule will allow for the collection of fees for the search, retrieval and viewing of criminal justice records retained in the Property and Evidence Unit as a special search fee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the following costs and fees are hereby established and shall be applicable for all requests to Fort Collins Police Services for requests to inspect criminal justice records: Criminal Justice Records Fee Schedule: • Copy of documents (1-10 pages) $7.50 • Additional Pages (over 10) $1.00 per page • Records Check $7.50 • Mail-in Requests $7.50 • Certified Copies $5.00 (+ copy of report) • RMS Searches $7.50 • Special Searches - requiring the creation of a new record, $30.00 per hour manipulation of data or expertise of computer systems personnel • Special Searches- retrieval and viewing of photographs, $30.00 per hour in addition video and audio recordings and other documentary to the copy cost materials that have been logged in, and held by, the Property and Evidence Unit • Dispatch Tape Recordings $23.00 minimum/up (includes search fee, supervisory review of recording, to $30.00 per hour and cost of cassette tape) • General Directives Manual $55.00 Section 2. That the City Manager shall establish the fees to search, retrieve and view physical evidence held by the Property and Evidence Unit that are not subject to the fees above. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of December, A.D. 2006. Mayor ATTEST: City Clerk