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The following UWSA policy provides guidance for University of Wisconsin System Institutions and employees who receive public records requests and would like to recover the cost of responding to these requests by charging a fee of the requester. In addition, any University of Wisconsin Institution is welcome to formally adopt this policy, if it is helpful in serving the business needs of the institution and its employees. Upon review, if you have follow-up questions or concerns then please feel free to contact Laura Dunek, UWSA Records Custodian at: (608) 262-0747 or ldunek@uwsa.edu.

University of Wisconsin System Administration Policy for Charging Fees When Fulfilling Public Records Requests.

1.0    Background

The resources of the University of Wisconsin System Administration are finite.  Therefore, in every instance University resources must be effectively and efficiently allocated.  Complying with public records requests often requires substantial expenditure of University resources, both in terms of time spent by staff in locating records, as well as the cost of reproducing, transcribing, photographing, mailing and/or shipping records to requesters.  Therefore, to the extent permitted by law the University shall promote the wisest possible use of resources by recovering the cost of fulfilling public records requests from the requesters of University records.  

2.0    Statutory Requirements

2.1    Under Wisconsin law, the University may impose a fee upon the requester of a copy of a record.  However, the fee may not exceed the actual, necessary, and direct cost of complying with a public records request, including locating, reproducing, transcribing, photographing, mailing, and/or shipping a copy of a record to the requester.  Wis. Stats. § 19.35(3)(a-f). 

2.2    The University may require prepayment of a fee, but only if the total amount exceeds $5.00.  Wis. Stats. § 19.35(3)(c,f). 

3.0    University of Wisconsin System Administration Policy

3.1    Goal. To wisely allocate the resources of the University of Wisconsin System Administration while simultaneously complying with Wisconsin’s public records statute. 

3.2    Standard.  When complying with a public records request, the University of Wisconsin System Administration shall promote the wisest possible use of resources by charging a fee from the requester of a University record.  

3.3    Exceptions to the Standard.  The University of Wisconsin System Administration may reduce or waive the fee for fulfilling a public records request, when doing so best serves the public interest. Wis. Stats. § 19.35(3)(e). 

3.4    Location Charges.   Location fees are limited to the “actual, necessary, and direct cost” of locating a record, and may not be charged unless this cost is $50 or more.  Wis. Stats. § 19.35(3)(c).  The University calculates the location cost for a record by multiplying the number of hours needed to locate the record times the hourly pay rate, including benefits, for the lowest-paid University employee who can properly complete the process of locating the record.   

3.5    Reproduction Charges.  Reproduction charges are limited to the “actual, necessary, and direct cost” of reproducing a University record.  Wis. Stats. § 19.35(3)(a).  Therefore, reproduction charges shall not exceed the actual cost of toner, paper, and photocopy machine use in making the photocopies. Upon request, UWSA will provide an estimate of reproduction charges to the requester prior to fulfilling a public records request.  As of January 2006, the per page rate for photocopies is $.25.      

3.6    Transcription, Photographing, Photographic Processing, Mailing, and Shipping Charges.  These charges are all limited to the “actual, necessary, and direct cost” of transcribing, photographing, photographic processing, mailing, and/or shipping a record to the requester.  Wis. Stats. § 19.35(3)(a).