Wednesday, January 7, 2009

Ketchum clarifies policy on records requests


By JON DUVAL
Express Staff Writer

The Ketchum City Council voted to clarify an ordinance that allows the city to waive fees related to public records requests.

At a meeting on Monday, the council approved a resolution that created a policy to help guide the council's deliberations on whether to grant a fee waiver for such requests.

Idaho law requires that the fees be waived if a requester demonstrates an inability to pay or would "suffer by the assessment of the fee."

But as city taxpayers are the ones picking up the tab for any waived fees, council members agreed that for people requesting a waiver who do not meet the state's criteria, the city must balance the cost with potential benefit to the public.

To that end, the council will consider whether the records in question are a matter of public interest, if they relate to a health or safety issue, and if the requester stands to personally benefit from the subject matter of the request.

While the fee waivers will be at the discretion of the council, the members approved the resolution to fashion a logical process for the decisions.

The resolution comes on the heels of a request made last autumn by the Idaho Mountain Express for e-mails related to an application for the proposed Warm Springs Ranch Resort. Citing the complexity of the issue and the large volume of associated e-mails, the city chose not to waive the fees, charging $1023 for the time required by city staff to find the appropriate correspondence.




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