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HomeMy WebLinkAboutResolution No. 72730 0 RESOLUTION NO. 7273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RELATIVE TO THE ESTABLISHMENT OF FEES CHARGED FOR CERTAIN SERVICES PROVIDED BY THE POLICE DEPARTMENT. The City Council of the City of Azusa does hereby resolve as follows: WHEREAS, Section 6257 of the Government Code provides: "Except with respect to public records exempt by express provisions of law from disclosure, each state or local agency, upon any request for a copy of records, which reasonably describes an identifiable record, or information produced there- from, shall make the records promptly available to any person, upon payment of fees covering direct costs of duplication, or a statutory fee, if applicable. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt by law."; and WHEREAS, Section 13300(e) of the Penal Code provides: "Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing such information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as peace officer, or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for such expense."; and WHEREAS, Section 13322 of the Penal Code provides: "The agency may require the application be accom- panied by a fee not to exceed twenty-five dollars ($25) that the agency determines is equal to the cost of processing the application and making a record available for examination."; and WHEREAS, Section 1563 of the Evidence Code provides: "(a) This article shall not be interpreted to require tender or payment of more than one witness fee and one mileage fee or other charge unless there is an agreement to the contrary. (b) All reasonable costs incurred in a civil proceed- ing by any witness which is not a party with respect to the production of all or any part of business records the production of which is requested pursuant to a subpoena duces tecum may be charged against the party serving the subpoena duces tecum. (1) "Reasonable costs," as used in this section, shall mean ten cents ($ .10) per page for standard reproduction of documents of a size of 82 by 14 inches or less, and actual costs for reproduction of oversize documents or documents the reproduction of which require special processing, necessarily done in responding to the subpoena together with additional reasonable clerical costs incurred in locating and making the records available. The clerical costs may be billed at the E rate of ten dollars ($10) the basis of two dollars hour or fraction thereof, to the witness by a third such records held by such U per hour per person, computed on and fifty cents ($2.50) per quarter and actual costs, if any, charged person for retrieval and return of a third person. (2) The requesting party shall not be required to pay those costs or any estimate thereof prior to the time such records are available for delivery pursuant to the subpoena, but the witness may demand payment of costs pursuant to this section simultaneous with actual delivery of the subpoenaed records, and until such time as payment is made, is under no obligation to deliver the records. (3) The witness shall submit an itemized statement for such costs to the requesting party setting forth the reproduction and clerical costs incurred by the witness. Upon demand by the requesting party, the witness shall furnish a statement setting forth the actions taken by the witness in justification of such costs. (4) The requesting party may petition the court in which the action is pending to recover from the witness all or a part of the costs paid to the witness, or to reduce all or a part of the costs charged by the witness, pursuant to this subdivision, on the grounds that such costs were excessive. Upon the filing of the petition, the court shall issue an order to show cause and from the time the order is served on the witness, the court has jurisdiction over the witness. The court may hear testimony on the order to show cause and if it finds that the costs demanded and collected, or charged but not collected, exceed the amount authorized by this subdivision, it shall order the witness to remit to the requesting party, or reduce its charge to the requesting party by an amount equal to the amount of the excess. In the event that the court finds the costs excessive and charged in bad faith by the witness, the court shall order the witness to remit the full amount of the costs demanded and collected, or excuse the request- ing party from payment of costs charged but not collected, and the court shall also order the witness to pay the requesting party the amount of reasonable expenses incurred in obtaining the order including attorney's fees. If the court finds the costs were not excessive, the court shall order the requesting party to pay the witness the amount of the reasonable expenses incurred in defending the petition, including attorney's fees. (5) If a subpoena is served to compel the production of business records and is subsequently withdrawn, or is quashed, modified or limited on a motion made other than by the witness, the witness shall be entitled to reimbursement pursuant to paragraph (1) for all costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena was been withdrawn or quashed, modified or limited. In the event the subpoena is withdrawn or quashed, if those costs are not paid within 30 days after demand therefor, the witness may file a motion in the court in which the action is pending for an order requiring payment, and the court shall award the payment of expenses and attorney's fees in the manner set forth in paragraph (4). (6) Where the personal attendance of the custodian of such records or other qualified witness is not required, the sole fees for complying with such subpoena shall be those provided for in this subdivision, except that where no photocopying or reproduction is performed by the custodian of records or other qualified witness the sole fee for making such records available shall not exceed twelve dollars ($12). 0 0 (c) When the personal attendance of the custodian of records or other qualified witness is required pursuant to Section 1564, in a civil proceeding, he or she shall be entitled to the same witness fees and mileage permitted in a case where the subpoena requires the witness to attend and testify before a court in which the action or proceeding is pending and to any costs incurred as provided by subdivision (b)".; and WHEREAS, the fees charged for certain services provided by the Police Department have been found to be insufficient to cover the cost of providing those services; NOW THEREFORE, the City Council of the City of Azusa hereby establishes the following fee schedule designating fees for certain services provided by the Police Department: Applicant Fingerprints Visa Clearance Letters Photograph Copies Report Copies Criminal Record Review Subpoena Duces Tecum Preparation $3.00 per card $5.00 per letter Cost plus a $3.00 processing fee $4.00 each $25.00 According to the provisions of Section 1563 of the Evidence Code ADOPTED AND APPROVED THIS 6th day of June , 1983 I HEREBY CERTFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof, held on the 6th day of June 1983, by the following vote of the Council: AYES: COUNCILMEMBERS: DECKER, HART, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK