Monterey County Municipal Code Ch. 5.28 Supplementary Fee Schedule

The ordinance codified in this Chapter shall be known as the "Supplementary Fee Schedule Ordinance."

(Ord. 1512 § 1, 1967)

A. General. A fee is imposed where none is otherwise provided by law, for the preparation and furnishing of copies of documents, maps, listings, and other public records, and for the performance of certain other services by County departments.

B. Fees for Public Records. The Board of Supervisors shall adopt by resolution the amount of the fees to be charged by County departments to provide copies of public records to the public pursuant to the California Public Records Act. The fees may be included in the Monterey County Fee Resolution, as amended from time to time. The fees shall be set according to the guidelines set forth in this Section.

C. Fees for Hard Copy of Public Records. For hard copies of existing, identifiable public records provided by County departments to members of the public pursuant to the California Public Records Act, County departments shall impose a fee covering the direct costs of duplication for provision of the hard copy unless a statutory fee is applicable, in which case the statutory fee shall be charged.

D. Provision of and Fees for Public Records in Electronic Format. If any County department has information that constitutes an identifiable public record in an electronic format that is not otherwise exempt from disclosure, the County shall make that information available when requested by any person, in accordance with State law and the following guidelines:

1. The County shall make the information available in any electronic format in which it holds the information.

2. The County shall provide the information in the format requested if the requested format is one that has been used by the County to create copies for its own use or for provision to other agencies. Under these circumstances, the cost of duplication shall be limited to the direct cost of producing a copy of the record in an electronic format;

3. Notwithstanding any other provision of this Section, the requester shall bear the cost of producing a copy of the record, including the cost to construct the record and the cost of programming and computer services necessary to produce a copy of the record, under either of the following circumstances:

a. If the request would require the County to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals;

b. If the request would require data compilation, extraction, or programming to produce the record.

4. Nothing in this Section shall be construed to require the County to reconstruct a record in an electronic format if the County no longer has the record available in an electronic format.

5. If the request is for information in other than electronic format, and the information also is in electronic format, the County may inform the requester that the information is available in electronic format.

6. Nothing in this Section shall be construed to permit the County to make information available only in an electronic format.

7. Nothing in this Section shall be construed to require the County to release an electronic record in the electronic form in which it is held by the County if its release would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained.

8. Nothing in this Section shall be construed to permit public access to records held by the County to which access is otherwise restricted by statute.

(Ord. 4098, 2001; Ord, 3971, 1998; Ord. 1512 § 2 (part), 1967)

The fees imposed by this Chapter shall be in such amounts and for such services as shall from time to time, be specified by the Monterey County Board of Supervisors in a separate resolution.

(Ord. 1512 § 2 (part), 1967)

The fees imposed by this Chapter shall be charged and collected by each County department which may be called upon to render any of the services enumerated in the resolution made pursuant to this Chapter.

(Ord. 1512 § 3, 1967)