Current through September 24, 2024
(1) The
Records Custodian may assess a charge of fifteen cents ($0.15) per page for
each routine, standard 81/2 x 11 or 81/2 x14 black and white copy produced. The
Records Custodian may assess a requestor a charge for a duplex copy that is the
equivalent of the charge for two (2) separate copies. The Department may charge
for all costs for reproduction of the record for the person or entity that has
made the records request, whether the record is determined to be "routine" or
"non-routine". Copies of sizes other than 81/2 x 14 may be charged at fifty
cents ($.50) per page, or, if higher, the actual costs.
(2) If a public record is maintained in
color, the records custodian shall advise the requestor that the record can be
produced in color if the requestor is willing to pay a charge higher than that
of a black and white copy, and if the equipment is available to the Department
to reproduce the copy in color. If the requestor then requests a color copy, a
records custodian may assess a charge of fifty cents ($0.50) per page for each
81/2 x 11 or 81/2 x 14 color copy produced, or, if higher, the actual
costs.
(3) The Department shall not
be required to reproduce copies on two (2) sides unless the equipment at the
reproduction site is designed to automatically produce a two (2) sided copy on
a single piece of paper.
(4)
Copies, exclusive of labor, made on electronic media shall be charged at a
minimum of One Dollar ($1.00) for any CD, DVD, or floppy disk if these media
are available.
(5) Magnetic copies,
if available, shall be charged at a minimum of One Hundred Dollars ($100.00)
per magnetic tape containing 20 gigabytes.
(6) The costs of reproduction shall include
the following:
(a) Department staff labor,
paper and other products and rental fees, including, but not limited to, the
costs of:
1. Staff labor costs utilized in
locating, retrieving, reviewing redacting, and reproducing the record,
including labor and other costs utilized in reviewing and assessing the
estimated cost to reproduce the record; and
2. Paper or other products such as, but not
limited to, copy toner or toner cartridges, inks, electronic or magnetic media
including, but not limited to compact disks, DVDs, floppy disks, etc., or any
per copy charges incurred by the Department on any rented equipment.
(b) Development of Computer
Programs and Applications, including, but not limited to:
1. Creation of a new or modified computer
program or computer application that is necessary to put the records in a
readable and reproducible format or in a specific reproducible format that is
requested by the person or entity seeking copies of the record; and
2. In such case, the costs of staff,
contractor, or consultant specialist time required for the production of the
program or application and the costs of any new or modified software or
hardware necessary for the production of the records may also be charged by the
Department as costs of reproduction of the record.
(c) The costs for delivering the records by
mail or any other delivery services or any other mechanisms or processes,
electronic, magnetic or otherwise.
(d) Any other costs associated with actually
reproducing the requested records, including all charges by vendors and
contractors utilized to access or reproduce the records.
(e) The records custodian shall utilize the
most cost efficient method of producing the requested records.
(7) Calculation of Department
Staff Labor Costs.
(a) Department staff labor
costs shall be charged at either the hourly rate, for the staff person's
position as set by the Department of Human Resources, or, if paid on a salary
basis based on the annual salary, excluding the first hour of labor and
benefits, including the cost of any overtime that is necessary to reproduce the
record.
(b) The hourly rate is that
established by the Department of Human Resources for that staff person's
position. If the staff person is paid on a salary basis, the rate paid is that
based upon the annual base salary of the employee(s) excluding benefits. If an
employee is not paid on an hourly basis, the hourly wage shall be determined by
dividing the employee's annual base salary by the required hours to be worked
per year which will be Nineteen Hundred Fifty (1,950) hours for full-time
employees. For example, an employee who is expected to work a Thirty-Seven and
One-Half (37.5) hour work week and receives Thirty-Nine Thousand Dollars
($39,000) in salary on an annual basis will be deemed to be paid Twenty Dollars
($20) per hour.
(c) When the
aggregate number of requests made by a requestor within a calendar month
exceeds four (4), the requestor will be charged a fee for any and all labor
that is reasonably necessary to produce the copies of the requested records
after informing the requestor that the aggregation limit has been
met.
(8) Contractor or
Consultant Costs.
The costs of a contractor or consultant's time shall be
charged at the unit rates charged to the Department pursuant to the
Department's existing contract or any contract made necessary due to the copy
request.
(9) Specialist
Costs.
The costs of a specialist's time shall be charged at the
costs invoiced to the Department for the services provided that are related to
the reproduction of the record.
(10) Copying by Requesting Person or Entity.
(a) The Commissioner, or the Commissioner's
designee, may, in his or her discretion, permit the requestor to supply the
necessary equipment and supplies to make the requested copies where the records
are housed or located for purposes of the records request, and all, or a
portion, of the fees required by this Chapter may, in his or her discretion, be
waived by the Department, but no record shall be permitted to be removed from
the Department's offices for this purpose without written approval by the
Commissioner or the Commissioner's designee.
(b) The Department may provide any personnel
to observe the copying process permitted by this paragraph to protect the
integrity of the records, and the costs of staff time necessary for this
purpose may be charged pursuant to this Chapter.
Authority: T.C.A. §§
4-5-201 et seq.;4-5-202;
8-4-604(a)(3); 10-7-503; 10-7-504(a)(7); 10-7-506; 10-7-506(a);71-1-105;
71-1-105(4) and (12); Tennessean v. Electric Power Board of Nashville, 979
S.W.2d 297 (Tenn. 1998); and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
