Dobbins calls out illegal charges

LIND — An attempt to set fees for public records access remains in limbo after the Tuesday, Oct. 22, town council meeting.

During debate on Resolution 24-07, “Policies and Procedures for Public Records Requests,” Mayor Paula Bell pushed to set copying fees at 50 cents per color page and 15 cents per page for black-and-white.

She also pushed an effort to charge requestors for staff time in providing records owned by the public but maintained by the town.

That did not sit well with Councilwoman Anna Dobbins, who noted charging for staff time is illegal.

The disagreement between Bell and Dobbins was a continuation from a previous meeting when the resolution was presented.

“The only thing that would be asked to change is that... the cost of color copies are going to be 50 cents per page and black-and-white are 15 cents per,” Bell said during last week’s meeting.

Dobbins quickly countered.

“I also ask you take out for her (Clerk/Treasurer Barbara Pence) charging for looking up public records, because it’s an illegal charge,” Dobbins said. “She’s not allowed to charge for her time to look up public records.”

Under Revised Code of Washington 42.56.120 (1), “No fee shall be charged for the inspection of public records or locating public documents and making them available for copying…”

Public agencies are allowed to charge for copies, but only to the extent that it reimburses costs. As a result, most agencies typically charge around 10 cents per copied page.

Under state law, requestors may also use their own personal devices (cell phones, cameras, scanners, etc.) to copy records without cost.

Dobbins also took issue with the mayor’s efforts to be able to change copying costs without a vote of the council.

“That also needs to be removed,” Dobbins said.

Dobbins said she and the council are committed to upholding the state Public Records Act and responding to requestors.

Pence tried to deflect the attention given to the illegal effort, and began reciting state Senate procedures which have no bearing on records laws as they pertain to the town.

Councilman Jeremiah Shea quickly noted the deflection was irrelevant.

“That is not the way our laws are written,” he said.

Bell disagreed.

“This policy is only two paragraphs,” Bell said.

“No,” Dobbins countered again. “It’s also in the back where she’s (Pence) allowed to charge for her time, for looking up records and things like that, which the lawyer also said is not an acceptable charge.”

Dobbins noted the town may only cover actual costs for materials in making copies, not profit from them.

Shea called out the effort, too, noting staff time is already paid for by town taxpayers.

“Basically that’s your job … is in the office making copies,” Shea said to Pence. “You’re already getting paid. You don’t get double wages.”

Councilwoman Jamie Schmunk suggested Shea and Dobbins get together and write a resolution that complies with state law that can be presented to the council for future consideration.