City Attorney Says LRPD Can Only Charge 58 Cents Per CD

In yesterday’s post, I noted that the new LRPD policy of charging $3 per CD in responding to Arkansas Freedom of Information Act (AFOIA) requests was problematic for a few reasons, one of which was the cost. Specifically:

The AFOIA only allows for an entity to charge a requestor for the actual cost of reproduction. In this context, that means that the LRPD can only charge a person for the actual cost of the CD used (and has to be able to justify that cost if asked).

After that post went up, I sent an AFOIA request to the LRPD for electronic copies all recent invoices or other proof of cost of blank CDs. I also sent a request to City Attorney Tom Carpenter for all communications between his office and the LRPD regarding costs imposed in responding to AFOIA requests. While I am still waiting on official responses to both requests, Carpenter emailed me yesterday, and said:

 I have been told that the $3.00 figure comes from a General Order of LRPD from a prior period. I need to track that down. However, I made it clear that we can only charge the cost, and it was discovered that is about $.58 per CD.

So, subject to any change that might come from the LRPD purchase records, there you go. Regardless of what LRPD wants its new policy to be, by law they may only charge you 58 cents for a CD, not $3. Good to know.

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