Costs

The Freedom of Information Act (FOIA) allows a public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. 

Prior to conducting a search for records, the public body shall notify the requester in writing that the public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records as set forth in subsection F of § 2.2-3704 of the Code of Virginia. The City's current policy is to charge $0.25 per page and $5 per electronic media disc, per section 2.2 of the City Code.

You may have to pay for the records that you request from the City of Emporia. The city charges a fee of $0.25 per page, or $5.00 per electronic media disc such as but not limited to a compact disc (CD) or digital video disc (DVD).

FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs. Any charges cannot include general overhead costs.

If we estimate that it will cost more than $200 to respond to your request, we may require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The five days that we have to respond to your request does not include the time between when we ask for a deposit and when you respond.

You may request that we estimate in advance the charges for supplying the records that you have requested. This will allow you to know about any costs upfront, or give you the opportunity to modify your request in an attempt to lower the estimated costs. The five days that we have to respond to your request does not include the time between when we send you the estimate and when you respond.  If you do not respond within 30 days, then your request will be deemed to be withdrawn.

If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, The City of Emporia may require payment of the past-due bill before it will respond to your new FOIA request.