Planning Commission's approval of fees for public documents is of questionable legality
by Alan Reed --
May 03, 2006 | 0 0 comments | 3 3 recommendations | email to a friend | print
The Trigg County and Cadiz Planning Commission conducted an active session on April 27, examining a proposed re-platting of a tract in the Osprey Landing subdivision, and discussing public dissemination of city and county planning codes.

A new policy on how much to charge for public documents received unanimous approval last week by the City/County Planning Commission. The commission indicated it wanted to raise the charges on the documents due to the number of requests being made for them. This new policy would require a payment of $25 for either city or county planning ordinances. As approved however, the proposal is in conflict with the Kentucky Open Records Law, according to the Attorney General’s Office attorney Rob Jones.

“The KRS in question is 61.874. It states that documents in a normal format may be charged at a rate equaling the cost of duplication for a non-commercial interest,” Jones told The Cadiz Record on Monday. “There is no hard and fast rule, but the courts usually say that is $0.10 per page. For a commercial interest, such as a builder, or a non-standard document, the costs would be the duplication fee, plus the cost of a staff member’s time to reproduce such a document. This charge can be reviewed in court, if someone wishes to challenge it.”

For the rest of this story, please see this week's edition of The Cadiz Record.
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