HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2007 - RESOLUTION 2007-081 ESTABLISHING FEES CHARGED BY F ITEM NUMBER: 25
AGENDA ITEM SUMMARY DATE: September 4, 2007
FORT COLLINS CITY COUNCIL STAFF: Fran Seaworth
SUBJECT
Resolution 2007-081 Establishing Fees Charged by Fort Collins Municipal Court Relating to
Release of Criminal Justice Records.
RECOMMENDATION
Staff recommends adoption of this Resolution.
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.
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 only cover the actual cost,including staff time,
materials and depreciation of equipment, of providing records to the public.
BACKGROUND
In the last five or so years there has been a significant increase in requests for Municipal Court
records. Compliance with these requests takes time to search, retrieve and copy these documents,
especially for voluminous requests. Providing records draws clerks and other court staff from their
administrative duties and puts a strain on the office equipment and computerized record keeping
programs used by the Municipal Court. During a recent review of the Court's Records Release
Policy, staff determined that implementing a fee schedule for providing records to the public was
overdue.
ATTACHMENTS
1. Cost Justification
ATTACHMENTI
CRIMINAL JUSTICE RECORDS RELEASE FEES
FORT COLLINS MUNICIPAL COURT
These fees are being revised due, in part, to a significant increase in criminal justice
records requests by non-governmental agencies. The reasonable revisions are being
recommended to provide reimbursement of staff time, use of equipment and costs of
supplies, not to raise revenues. A mathematical justification is included as a separate
attachment.
Search and retrieval time: $8.00 for first 15 minutes
$27.00 per hour after first 15 minutes
Certified copy(s) of document(s): $5.00/copy
Certification of a document guarantees it is authentic. These take longer to
process.
Records of Court Hearings: $20.00 per CD
In this case, Channel 27 staff, equipment and Municipal Court staff are involved.
Mathematical Justification
Criminal Justice Records Requests
Search & Retrieval Annual Cost
Salary— average $17.00/hour $35, 360.
Computer system $31,600. $ 4514.
Computer maintenance $9900. $ 9900.
Phone line $45/mo $ 540.
Fax machine $1000. 333.
$50,647.
Copy Costs
Copier $10,000. $2000.
Paper 24cases@$30.00 each $ 720.
Toner 3 toners @ $110.00 each $ 330.
Maintenance $700. $ 700.
$4180.
Total Annual Cost $54,830.
Cost per month $ 4570.
Cost per hour $ 27.
Cost per '/o hour $ 8.
Average time per request 15 min.
Fees schedule:
Standard request 1 st 15 min $8.
Over 15 min $27/hour, min 1 hour
Special request $27/hour, min 1 hour
Certified copy $5./per copy plus search
and retrieval fee
RESOLUTION 2007-081
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 Fort Collins Municipal Court 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, the Municipal Court has previously provided such record inspections free of
charge; and
WHEREAS, in the last five years, requests for inspection of records and equipment costs,
supplies, overhead, and employee salaries have increased significantly, resulting in an increase in
the costs to the Municipal Court to process and respond to requests for public inspection of criminal
justice records; and
WHEREAS, the proposed fee schedule accurately 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
Search and retrieval fee: $8.00 for first 15 minutes
$27.00 per hour after first 15 minutes
($27.00 minimum)
These search and retrieval fees includes the first 4 pages, .25 per page thereafter .
Standard copies of document(s): $0.25 per page over 4 pages, plus the
search and retrieval fee above.
Certified copy(ies) of document(s): $5.00 per copy plus the search and
retrieval fee above.
Digital Recordings of Court Proceedings: $20.00 per CD, plus the search and
retrieval fee above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of September, A.D. 2007.
Mayor
ATTEST:
City Clerk