Copying Charges for Public Records

Overview

If a public records requestor wants to inspect records on-site at a local government agency, or if the agency provides the records via a publicly available weblink, the agency cannot charge a fee.

However, if the agency provides the requestor with copies of public records, the agency can charge for those copies pursuant to its adopted fee schedule. An agency does have the discretion to waive any copying charges pursuant to adopted rules.

For a good overview of charges, see this one-page summary of the fee charges allowed by the PRA prepared by Nancy Krier of the Washington State Attorney General’s Office.

Allowable Charges

Under the Public Records Act, agencies have a few options for calculating the charges for copies of public records.

Important: These allowable charges are largely limited to what it costs the agency to make and produce copies of the records. Under the PRA, agencies generally cannot charge for staff time spent locating a public record or making it available for inspection (including any time spent reviewing or redacting records). However, there are some limited exceptions for certain law enforcement records as described later on this page.

Option 1: Actual Costs

Agencies can charge the actual cost incurred for providing copies by adopting a statement of costs, after notice and a public hearing (RCW 42.56.070(7)).

For hard copies, actual cost includes:

• The cost of paper,
• The per-page cost for use of agency copying equipment,
• The cost of postage or delivery charges and the container used for delivery, and
• Staff time to copy and send the requested public records.

For electronic copies, actual cost includes:

• The cost of electronic production or file transfer of a record,
• The use of cloud-based storage and processing services,
• The transmission of records in electronic format, including the transmission charge and the media device used for delivery, and
• Staff time to copy and send the requested public records.

Option 2: Statutory Default Charges

Alternatively, if agency policy establishes that calculating actual costs would be unduly burdensome, the agency can adopt the statutory default charges in RCW 42.56.120:

• 15 cents/page for photocopies or printed copies of electronic records;
• 10 cents/page for records scanned into electronic format;
• 5 cents for every four electronic files or attachments uploaded to an email, cloud storage service, or other electronic delivery system;
• 10 cents/gigabyte for transmitting records electronically;
• The actual cost of the digital storage media/device, container used to mail the copies, and postage or delivery charges;
• A customized service charge for requests that would require information technology expertise to prepare data or provide customized electronic access.

Option 3: Flat Fee Up To $2 Per Request

Agencies have the option to charge a flat fee of up to $2 per request as an alternative to actual or default costs if the agency reasonably estimates and documents that the costs are equal or more than $2. This flat fee can only be charged once per request and not per installment (RCW 42.56.120(2)(d)).

Law Enforcement Records

In addition to the general provisions of the Public Records Act, there are also several statutes specific to law enforcement agencies that allow for different types of cost recovery above and beyond the typical charges in the PRA:

• Body Camera Redaction: RCW 42.56.240(14) allows agencies to charge for staff time spent redacting body camera video recordings for certain requestors, in addition to the regular costs allowed under RCW 42.56.070(7).
• Criminal History Records Information: RCW 10.97.100 allows criminal justice agencies to establish and collect reasonable fees for the dissemination of criminal history record information to agencies and persons.
• Traffic Accident Reports: RCW 46.52.085 allows law enforcement agencies to adopt a standard fee to cover the costs of furnishing copies of traffic accident reports, regardless of the number of pages in the report.
• Sheriff Department Audio, Visual, or Photographic Material: RCW 36.18.040(1)(t) allows sheriffs to collect fees for the reproduction of audio, visual, or photographic material, including the actual cost of personnel time.

Deposits and Charging in Installments

RCW 42.56.120(4) provides a couple effective tools to help ensure that an agency recovers its copying costs. One method is to require the requestor make a deposit in an amount not to exceed 10% of estimated copying costs, prior to copying the records.

Another effective tool is to produce records in installments and charge for each installment as it is provided. If an installment of a records request is not claimed or reviewed, the agency may close the request without further provision of records.

Examples of Copying Charges

Below are selected examples of agency copying charges adopted pursuant to RCW 42.56.070(7) and RCW 42.56.120.

General Public Records Fee Schedules

• Edmonds Municipal Code Sec. 1.20.040 – Stating reasons why calculating actual costs would be unduly burdensome and adopting statutory default fees in RCW 42.56.120.
• Kennewick:
  • Municipal Code Sec. 1.40.090 – Authorizes actual costs, statutory default costs, or flat fees, and provides for customized service charges under certain circumstances. The actual fee schedule is adopted by city council resolution.
  • Resolution Relating to Public Records Fee Schedule (2021) – Establishes actual fees.
• Monroe Fee Schedule (2023) – Imposes statutory default costs for some items and actual fees for others, including body-worn camera footage. Also provides customized service charges.
• Seattle Fee Schedule for Obtaining Public Records – General fee schedule was adopted in 2017 based on a 2015 cost study and served as the model for state legislation allowing cost recovery; also includes link to administrative rules framework.
• Shoreline Fee Schedule (2023) - Uses actual costs for providing electronic records, with fees based on a 2017 cost study, adjusted for wage increases.

Law Enforcement Records Fee Schedules

• Grandview Municipal Code Sec. 3.76.010 – Establishes fees for traffic accident reports and criminal record checks
• Oak Harbor Police Records Fee Schedule
• Seattle Police Department Fee Schedule
• Tukwila Resolution No. 2002 (2020) – Authorizes police department to charge non-exempt requestors $0.63 per minute for staff time spent redacting body camera footage. Cost is based on Seattle cost study (included) which was then applied to Tukwila staff salary rates; also includes redaction worksheet.