4.185 President's Office
PUBLIC RECORDS CHARGES
Date Adopted/Most Recent Revision: 8/8/97

  1. Definitions
    For the purpose of this policy Midwestern State University (MSU) has used the following definitions of terms.

    1. Actual Cost:
      The sum of all direct costs plus a proportional share of overhead, or indirect costs. Actual cost will be determined utilizing the cost methodology adopted by the Council on Competitive Government.

    2. Client/Server System:
      A combination of two (2) or more computers that serve a particular application through sharing processing, data storage, and end-user interface presentation. PC's located in LAN environment containing file servers fall into this category as do applications running in an X-window environment where the server is a UNIX based system.

    3. Mainframe Computer:
      A computer located in a controlled environment and serving large applications and/or large numbers of users. These machines usually require an operating staff. IBM and UNISYS mainframes, and large Digital VAX 9000 and VAX Clusters fall into this category.

    4. Nonstandard Copy:
      A copy of public information that is made available to a requestor in any format other than standard paper copy. Microfiche, microfilm diskettes, magnetic tapes, and CD-ROM are examples of nonstandard copies. Paper copies larger than 8 ½ X 14 inches (legal size) area also considered nonstandard copies.

    5. Standalone PC:
      An IBM compatible PC, Macintosh or Power PC based computer system operated without a connection to a network.

    6. Standard Paper Copy:
      A printed impression on one side of a piece of paper that measures up to 8 ½ by 14 inches. Each side of a piece of paper on which an impression is made is counted as a single copy. A piece of paper that is printed on both sides is counted as two (2) copies.

  2. Charges for Providing Copies of Public Information

    1. Copy Charge

      1. Standard Paper Copy:
        The charge for standard paper copies reproduced by means of an office machine copier or a computer printer is $.10 per page or part of a page. Each side that has a printed image is considered a page.

      2. Nonstandard Copy:
        The charges for nonstandard copies are:

        Diskette $ 1.00 per diskette
        Magnetic tape (9 track) $11.00
        Data cartridge $20.00
        Tape cartridge $40.00
        VHS Video Cassette $ 2.50
        Audio cassette $ 1.00
        Oversized paper copy $ .50
        Labels (1 up/12 per sheet) $ .15 per sheet


      3. The charges in this section are to cover the cost of materials onto which information is copied and do not reflect any additional charges that may be associated with a particular request.
    2. Programming Personnel

      1. If a particular request requires the services of a programmer in order to execute an existing program or to create a new program so that requested information may be accessed and copied, MSU may charge for the programmer's time.
      2. The hourly charge for a programmer is $26.00 an hour, including fringe benefits. Only programming services shall be charged at this hourly rate (any personnel time spent in performing services other than programming should be charged at the rate specified for personnel as described in subsection 3 of this section).
    3. Other Personnel Charges

      1. The charge for other personnel costs incurred in processing a request for public information is $15.00 an hour, including fringe benefits. Where applicable, the other personnel charge will include the actual time to locate, compile and reproduce the requested information.
      2. An "other personnel" charge will not be billed in connection with complying with requests that are for fifty (50) or fewer pages of paper records, unless the documents to be copied are located in:

        1. More than one (1) building; or
        2. A remote storage facility.
      3. Other personnel time will not be recovered for any time spent by an attorney, legal assistant, or any other person who reviews the requested information:

        1. To determine whether MSU will raise any exceptions to disclosure of the requested information under Subchapter C of the Public Records Act or
        2. To research or prepare a request for a ruling by the Attorney General's Office pursuant to Subchapter G of the Public Information Act.
    4. Overhead Charge

        Whenever any personnel charge is applicable to a request, MSU may include in the charges direct and indirect costs, in addition to the specific personnel charge. This overhead charge would cover such costs as depreciation of capital assets, maintenance and repair, utilities and administrative overhead. If MSU chooses to recover such costs, a charge will be made in accordance with the methodology described in paragraph c of this subsection.

      1. An overhead charge will not be made for requests for copies of fifty (50) pages or fewer of standard paper records.
      2. The overhead charge will be computed at twenty percent (20%) of the charge made to cover any personnel costs associated with a particular request. For example, if one hour of personnel (programming, other personnel or a combination of both) time is used for a particular request, the formula would be as follows:

        $15.00 X .20 = $3.00 or

        $26.00 X .20 = $5.20 or

        $41.00 X .20 = $8.20
    5. Microfiche and Microfilm Charge

      1. If MSU already has information that exists on microfiche or microfilm and has copies available for sale or distribution, the charge for a copy will not exceed the cost of its reproduction. If no copies of the requested microfiche or microfilm are available and the information on the microfiche or microfilm can be released in its entirety, MSU will make a copy of the microfiche or microfilm. The charge for a copy shall not exceed the cost of its reproduction.
      2. If only a master copy of information in microform is maintained, the charge is $.10 per page for standard sized paper copies, plus any applicable personnel and overhead charge for more than fifty (50) copies.
    6. Computer Resource Charge

      1. The computer resource charge is a utilization charge for computers based on the amortized cost of acquisition, lease, operation, and maintenance of computer resources, which might include, but is not limited to, some or all of the following: central processing units (CPUs), servers, disk drive, local area networks (LANs), printers, tape drives, other peripheral devices, communications devices, software, and system utilities.
      2. These computer resource charges are not intended to substitute for cost recovery methodologies or charges made for purposes other than responding to public information requests.
      3. The charges in this subsection are averages based on a survey of governmental bodies with a broad range of computer capabilities:

        Type of System Rate
        Mainframe $10.00 per minute
        Client/Server $2.20 per hour
        PC or LAN $1.00 per hour

      4. The charge made to recover the computer utilization cost is the actual time the computer takes to execute a particular program times the applicable rate. The CPU charge is not meant to apply to programming or printing time; rather, it is solely to recover costs associated with the actual time required by the computer to execute a program. This time, called CPU time, can be read directly from the CPU clock, and most frequently will be a matter of seconds. If programming is required to comply with a particular request, the appropriate charge that may be recovered for programming time is set forth in subsection 2d. No charge should be made for computer print-out time. For example, if a mainframe computer is used, and the processing time is twenty (20) seconds, the charges would be as follows:

        $10.00/3 = $3.33 or

        $10.00/60 X 20 = $3.33
    7. Miscellaneous Supplies
      The actual cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, may be added to the total charge for public information.

    8. Postal and Shipping Charges
      MSU may add any related postal or shipping expenses which are necessary to transmit the reproduced information to the requesting party.

    9. Fax Charge
      The charge for a fax transmitted locally is $.10 per page. The charge for long distance transmission is $.50 per page for a fax sent within the 940 area code, $1.00 per page for a fax transmitted to a different area code, and $1.50 per page for a fax transmitted outside the United States.

    10. Sales Tax
      Sales tax will not be added on charges for public information.

    11. Fee Changes
      The charges indicated in this section will be reevaluated and updated as necessary in accordance with information received from the General Services Commission.

  3. Access to Information Where Copies Are Not Requested.

    1. Access to Information in Standard Paper Form
      MSU will not charge for making available for inspection information maintained in standard paper form. MSU may assess charges if asked to provide for inspection, information that contains confidential information and public information. When such is the case MSU may charge to make a copy of the page from which information must be edited. No other charges are allowed.

    2. Access to Information in other than Standard Form
      In response to requests for access, for purposes of inspection only, to information that is maintained in other than standard form, MSU may not charge the requesting party the cost of preparing and making available such information, unless complying with the request will require programming or manipulation of data. If programming or manipulation of data is needed to access the information, MSU will inform the requestor before assembling the information and will provide the requestor with an estimate of charges.

  4. Format for Copies of Public Information

    1. If a requesting party asks that information be provided on a diskette or other computer-compatible media, and the requested information is electronically stored, MSU will provide the information on computer-compatible media.
    2. The extent to which a requestor can be accommodated will depend largely on the technological capability of MSU.
    3. MSU is not required to purchase any hardware, software or programming capabilities that it does not already possess to accommodate a particular kind of request.
    4. Provision of a copy of public information in the requested medium shall not violate the terms of any copyright agreement between MSU and a third party.
    5. If MSU does not have the required technological capabilities to comply with the request in the format preferred by the requestor, MSU shall proceed to provide a suitable copy of the public record within a reasonable time after the date on which the copy is requested.
    6. If MSU receives a request requiring programming or manipulation of data, a written statement will be provided to the requestor and will include a:

      1. Statement that the information is not available in the requested form;
      2. Description of the form in which the information is available;
      3. Description of any contract or services that would be required to provide the information in the requested form.
      4. Statement of the estimated cost of providing the information in the requested form, as determined in accordance with the rules included in this policy;
      5. Statement of the anticipated time required to provide the information in the requested form.
    7. MSU shall provide the written statement to the requestor within twenty (20) days after the date of its receipt of the request. MSU has an additional ten (10) days to provide the statement if MSU gives written notice to the requestor, within twenty (20) days after the date of the receipt of the request, that the additional time is needed.
    8. On providing the written statement to the requestor as required by this section, MSU does not have any further obligation to provide the information in the requested form or in the form in which it is available until the requestor states in writing to MSU that the requestor.

      1. Wants MSU to provide the information in the requested form according to the cost and time parameters set out in the statement or according to other terms to which the requestor and MSU agree, or
      2. Wants the information in the form in which it is available.
    9. MSU will maintain a file containing all written statements issued under this section in a readily accessible location.
  5. Estimates and Waivers of Public Information Charges.

    1. A party requesting copies of public information will not always be aware of the amount of time and cost that may be involved in complying with a particular request. Where a particular request will involve considerable time and resources to process, MSU will inform the requestor of the anticipated completion date and potential resulting charges. When MSU charges for public information, a detailed statement of the charges will be made available to the requestor.
    2. If MSU cannot produce the public information for inspection and/or duplication within ten (10) calendar days after the date the information is requested, this fact shall be certified in writing and a date and hour will be set within a reasonable time when the information will be available.
    3. MSU may furnish public records without charge or at a reduced charge if the administration determines that waiver or reduction of the fees is in the public interest.
    4. A deposit or a bond may be required in the amount of the estimated charges if such charges exceed $100.00.
  6. Examples of Charges for Copies of Public Information
    The following tables present examples of the calculations of charges for information:

    1. Table 1
      Fewer than fifty (50) pages of paper records:

      $.10 per page x number of copies (standard paper copies)
      Personnel charge (if applicable)
      Overhead charge (if applicable)
      Document retrieval charge (if applicable)
      Postage and shipping (if applicable)
      =$TOTAL CHARGE


    2. Table 2
      More than fifty (50) pages of paper records or nonstandard copies

      $.10 per page x number of copies (standard paper copies),
      or cost of nonstandard copy (e.g., diskette)
      Personnel charge (if applicable)
      Overhead charge (if applicable)
      Document retrieval charge (if applicable)
      Actual cost of miscellaneous supplies (if applicable)
      Postage and shipping (if applicable)
      =$TOTAL CHARGE


    3. Table 3
      Information that Require Programming or Manipulation of Data

      Cost of copy (standard or nonstandard, whichever applies)
      Personnel charge
      Overhead charge
      Computer resource charge
      Programming time
      Document retrieval charge (if applicable)
      Actual cost of miscellaneous supplies (if applicable)
      Postage and shipping (if applicable)
      =$TOTAL CHARGE


  7. Midwestern State University Charge Schedule
    The following is a summary of the charges for copies of public information that have been adopted by Midwestern State University.

    Standard paper copy $ .10 per page
    Nonstandard copy
    Diskette $ 1.00 each
    Magnetic tape (9 track) $11.00 each
    Data cartridge $20.00 each
    Tape cartridge $40.00 each
    VHS video cassette $ 2.50 each
    Audio cassette $ 1.00 each
    Oversized paper copy $ .50 each
    Labels (1 up/12 per sheet) $ .15 per sheet
    Other Actual cost
    Personnel charge
    Programming personnel $25.00 per hour
    Other personnel $15.00 per hour
    Overhead charge 20% of personnel charge
    Microfiche or microfilm charge
    Paper copy $ .10 per charge
    Fiche or film copy Actual cost
    Computer resource charge
    Mainframe $10.00 per minute
    Client/Server $ 2.00 per minute
    PC or LAN $ 1.00 per minute
    Miscellaneous supplies Actual cost
    Postage and shipping charge Actual cost
    Fax charge
    Local $ .10 per page
    Long distance, 940 area code $ .50 per page
    Long distance, outside 940 area code $ 1.00 per page
    Long distance, outside the United States $ 1.50 per page
    Other costs Actual cost


  8. Billing Form
    A standard billing form will be used by MSU to itemize charges made for public information.

  9. Depository for public Records Charge
    The university office which provides the public record will deposit the funds received to a university account in accordance with the source of services rendered.

  10. Report of Public Records Charges
    A report will be sent to the President's Office by university departments which charge for public records at the time the charge is made.