Resolution - 2023 - 23-04 - Denial Of Public Records Requests For Which Payment Of The Good Faith Estimate Is Not Received Within 10 Working Days - 01/24/2023 RESOLUTION NO. 23-04
A RESOLUTION OF THE CITY OF EAGLE, IDAHO, AUTHORIZING THE DENIAL OR
PARTIAL DENIAL OF PUBLIC RECORDS REQUESTS FOR WHICH FULL PAYMENT
OF THE GOOD FAITH ESTIMATE IS NOT RECEIVED WITHIN 10 WORKING DAYS
FROM THE DATE OF THE LETTER.
WHEREAS,Idaho Code 74-102(10)(b) authorizes the collection of fees to recover actual
labor and copying costs associated with requests for more than 100 pages of paper records,requests
including records from which nonpublic information must be deleted,or the actual labor in excess
of two (2) hours associated with responding to requests for public records; and
WHEREAS, Idaho Code 74-102(12) establishes that the records custodian may require
advance payment of authorized fees; and
WHEREAS, the City of Eagle issues to the requester a good faith estimate for advance
payment of fees associated with requests expected to exceed two (2) hours of labor or 100 pages
of paper records; and
WHEREAS,upon the issuance of a good faith estimate,fulfillment of the request does not
proceed until payment is received by the City of Eagle; and
WHEREAS,the Public Records Act does not contain provisions for how the public agency
shall address public records requests that are unable to proceed due to nonpayment of fees; and
WHEREAS, Idaho Code 74-103(4) requires that if a person's request is denied in whole
or in part,the public agency shall notify the person in writing; and
WHEREAS, Idaho Code 74-115(1) requires that the sole remedy for a person aggrieved
by the denial of a request is to institute proceedings in the district court of the county where the
records are located.
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE,IDAHO:
1.) If payment of the good faith estimate is not received by the City of Eagle within 10
working days from the date of the letter,the City Clerk or designee shall deny or partially
deny,the Public Records Request in accordance the Public Records Act.
Page 1 of 2
K:\COUNCQ.\Resolutions\2023\23-04 Denial of Public Records Requests after Good Faith Estimate Non-Payment FINAL.docx
PASSED AND ADOPTED by the Council of the City of Eagle,this the 24th day of January, 2023.
Ja n 'erce
Mayor, City of Eagle
ATTES • V :Q
Tracy E sborn
City Clerk, City of Ok
Page 2 of 2
K:\COUNCIL\Resolutions\2023\23-04 Denial of Public Records Requests after Good Faith Estimate Non-Payment FINAL.doax