HUNTINGTON, W.Va. — Area circuit clerk offices are typically charging $1 per page for copies of public documents, and some freedom of information advocates say that’s too much.
The clerks in Cabell, Wayne, Mason, Putnam and Kanawha counties are charging members of the public $1 per page, citing a 2014 West Virginia Supreme Court of Appeals decision.
However, since then, the West Virginia Legislature amended the state’s Freedom of Information Act law to clarify government bodies can only charge “actual costs” of reproducing documents.
“My understanding of the law suggests that the FOIA amendments also amended or had the effect of nullifying that $1 per page charge that circuit clerks were allowed to bill under the different statute,” McGinley said.
“It may be that certain documents like original court transcripts might allow a circuit clerk to charge a higher fee, but that’s not clear. Certainly charging a dollar a page is far beyond the actual cost of copying and discourages and chills West Virginians’ right of access to information in government files.”
Prior to the Supreme Court case King v. Nease, McGinley said the law limited government bodies to charging just reproduction costs. But the court ruled the law permitted government bodies to charge a fee for search and retrieval.
The new law, which passed with bipartisan support, made it clear to the court and government bodies there is a limit to what they can charge, McGinley said. It also specifically states a search-and-retrieval fee cannot be charged.
Don Smith, executive director of the West Virginia Press Association and who also helped craft the new law, said the decision never aligned with state law in the first place. As shown by his dissent, Supreme Court Justice Brent Benjamin agreed with that notion.
McGinley said Benjamin’s dissent helped draft the new legislation as well.
“The West Virginia Freedom of Information Act contains a legislative statement emphasizing the importance of citizen access to government files so that they can inform themselves and understand the workings of government and use that knowledge in carrying out their own civic responsibility in voting and engaging in discussion about public issues,” McGinley said.
The people, the statement reads, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.
McGinley said “actual costs” refers to the price of the sheet of paper, ink and toner and printer maintenance. He said a good rule of thumb is to see how much local libraries charge for copying.
The Cabell County Public Library charges 15 cents for a black-and-white page, according to its website. The Marshall University libraries charge 10 cents for a black-and-white page.
He also said if the documents are electronic, government bodies should only charge for the cost of a disk or other saving device.
Follow reporter Taylor Stuck on Twitter and Facebook @TaylorStuckHD.
