A common question about Freedom of Information requests is, “How much will it cost?”
The real costs for a public agency to respond to a FOI request can be quite large. There are the obvious costs for paper, photocopies, and possibly CDs or DVDs, but the most significant cost is almost always the cost of employees’ time — both the amount they are getting paid and the opportunity cost of their lost efforts on other government business.
Another hidden costs is the cost of compliance with the law, which includes training about the law, making sure employees and officials follow that training, and the legal costs when a Freedom of Information complaint is filed.
But that isn’t the answer that most people are looking for when they ask, “How much will it cost?” They want to know how much can be charged for the records that are requested.
The answer is in Connecticut General Statutes § 1-212. What does Section 1-212 say? Generally, these are the maximum charges.
- State agencies can charge up to 25¢ per page for photocopies.
- All other agencies, including cities and towns, can charge up to 25¢ per page for photocopies.
- For certified copies, agencies can charge $1.00 for the first page and 50¢ for each additional page.
- For records that must be provided in another form, including most electronic records, an agency can charge up to the cost of providing a copy. That cost is limited to the cost of the media on which the copies are provided, the equivalent of the hourly salary for the time that employees spent providing the copies, the cost of any outside services needed to provide the copies, and external computer charge times, if applicable.
Of course, there are exceptions, so if you are unsure how much should be charged for a Freedom of Information request, you should consult with an attorney who has experience with the Connecticut Freedom of Information Act.