Public hearing followed by discussion and possible action on any and all matters regarding Resolution No. 2317.  A resolution of the Mayor and City Council of the City of San Luis, Arizona, restating, amending, and appending the public records request fee schedule to add fees for law enforcement video recordings (including body cam recordings); repealing conflicting provisions; providing for severability; and declaring an emergency.  (Nigel Reynoso, Chief of Police) 

A. Open Public Hearing
  1. Staff Presentation
  2. Call to the Public on this item
B. Close the Public Hearing
C. Action on Resolution No. 2317

(6 votes in favor are required in order to pass immediately as an emergency measure per A.R.S. § 19-142)

Our current Public Records Request Fee Schedule was not originally written with the time and personnel it takes to redact body camera footage in mind. The body camera program has been a recent addition to most law enforcement agencies, and updates will be needed as the program grows with time. The law allows the city to defray some of the cost, as a fiscally responsible measure, staff is asking that this resolution take effect immediately.

The fee update is necessary to ensure that the fees we collect are fair, reasonable, and in line with the costs associated with processing publicly requested body camera footage. Based on Senate Bill 1148 of the 2023 Fifty-sixth Legislature – First Regular Session codified at  A.R.S. § 39-129, we are asking for approval to implement the fee of $46.00 per video hour redacted, the statutory allowed amount. The $46.00 per video hour reviewed is needed for the time reviewing, transmitting, making a copy, and redacting a video recording for public release. This fee will apply to all persons who submit a public record request for a law enforcement video recording except to a victim as described in ARS § 39-127. An hour of video usually requires three hours of processing/redacting the video recording. For requests, staff will estimate the cost, which will be paid in advance as a deposit until the actual charge is calculated for the final payment. 
 
Arizona Revised Statutes § 39-129. Local law enforcement; video recordings; fee Except as provided in A.R.S. Section 39-127, a county, a city, a town, or any political subdivision of this state may establish a one-time fee per copy, not to exceed $46.00 per video-hour reviewed, that is charged to a person who submits a public records request to a local law enforcement agency for a copy of a video recording. A county, a city, a town, or any political subdivision of this state may take into consideration the following information when determining the amount of the one-time fee per copy: 1. The reasonable cost of reviewing, transmitting, making a copy of, and, as necessary, redacting the video recording. 2. Any other relevant information.

Resolution No. 2317 also changes the reasonable fee for the cost of time, materials, equipment, and personnel time in producing duplicates of the City's public records allowed under A.R.S. §39-121.01(D)(1) and § 39-121.03(A)(2) when requests are for commercial purposes. When the fees were first passed on June 14, 2017, by Resolution No. 1195, the fee was $19.04.  The HR department studied the reasonable fee under the current local staffing market and determined a reasonable fee is $23.72 per hour.  For the first hour, there is no fee, so this only involves the more voluminous records requests.

A. I MOVE TO OPEN PUBLIC HEARING
     1. STAFF PRESENTATION
     2. CALL TO THE PUBLIC ON THIS ITEM
B. I MOVE TO CLOSE THE PUBLIC HEARING
C. I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 2317.