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Council postpones decision on proposed electronic FOIA fees, asks staff for time-and-cost data
Summary
Council members postponed a proposed change that would have charged for large electronic public-record requests, directing staff to return with data on staff time, request volumes and a proposal that distinguishes commercial from noncommercial requests.
The Bloomington City Council on Sept. 8 postponed action on a proposed change to FOIA (public-records) fees that would have introduced charges for larger electronic requests.
Council member Ward moved to remove a paragraph from the proposed consent-item language that would have begun charging for some electronic requests; after questions from council about staff time and the possibility of repeat requests, Ward withdrew the motion and instead moved to postpone the item. The motion to postpone the matter until the first council meeting in October passed by voice vote.
Madam Clerk and the city FOIA staff explained that the city currently charges for physical copies beyond 50 pages (15 cents per page) and the actual cost of storage media (USB drives, CDs), but has not historically levied additional electronic-download fees. Staff described a marked rise in demand: a stated 40% increase in FOIA requests since 2023 and an anticipated further 20% increase for the current year, with thousands of requests projected (staff cited an estimate of about 3,500 requests for the year). Witnesses from the clerk epartment said large video and body-worn-camera requests and repeat commercial requesters drove staff workload.
Council members asked staff for granular data about time costs per megabyte and how fee rules would affect commercial and noncommercial requesters. Several members said they did not want to unintentionally burden noncommercial requesters or to create a revolving-door situation where users could repeatedly request small batches to avoid fees.
Outcome: Council moved to postpone the item so staff could supply more detailed workload and cost information and to return with an amended proposal that distinguishes commercial requests and shows time/cost metrics.
What’s next: Staff will compile time and cost data and return with the item at the councils first October meeting and will discuss separate treatment for commercial FOIA requesters and thresholds for electronic charges.
