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Leon Valley council denies $41 bodycam fee waiver for requester citing financial hardship
Summary
The council voted to deny a requested waiver of a $41 fee for body-worn camera video after staff described alternative options for viewing and the city attorney noted the city fee schedule aligns with the attorney general's guidance; the motion to deny passed on a voice vote.
The Leon Valley City Council voted to deny a request to waive a $41 charge for body-worn camera video after hearing from the city secretary about available options and deliberating precedent and fairness.
City Secretary Sandra Posley told council that part of the requester’s records had been provided at no charge but that the bodycam footage carried a $41 production charge; she said the requester had indicated financial hardship and identified himself as a veteran with a disability. Posley said staff had offered alternatives, including modifying the request or making an appointment to view the footage at the city office.
Councilors discussed whether approving a waiver in this case would set precedent for other requests; some members stressed alternatives available to requesters. Councilor Mersch moved to deny the waiver and Councilor Campos seconded; the motion passed on a voice vote.
The city attorney noted that requesters may appeal to the Texas Attorney General if they believe a fee is excessive, but that adopting fees consistent with the AG’s adopted schedule makes the city’s fee presumptively valid. The council did not order a waiver in this case and the requester retains the statutory options for appeal or to modify the request for inspection.
