Public Records Fees Hidden in the Law: A Study of Conflicting Judicial Approaches to the Determination of the Scope of Imposable Public Records Fees

Abstract

The number of public records requests has significantly increased in recent years, burdening authorities with limited resources and manpower. State and local governments argue that they should be allowed to recoup more fees to recover the costs incurred for processing public records requests, but many commentators warn that exorbitant fees can function as a tactic of delay and intimidation. This article reviews public records statutes, case law and recent legislative reform efforts concerning the determination of the scope of public records fees, finding that unclear statutory language and widely different approaches have made the determination of public records fees difficult. The study argues that statutory reform is called for in order to clearly delineate the specific tasks for which public records fees can be imposed.