THE STATE OF NEW HAMPSHIRE
11-CV-566
Docket No.
ORDER ON DOCUMENT No. 1
The court convened an October 11, 2011 hearing on the plaintiff's petition for information under the right-to-know law. The plaintiff appeared pro se. The defendant appeared through counsel. The plaintiff asserts that the defendant is requiring him to pay $0.50 per page for copied public records. He asserts that this charge exeeeds actual costs and, therefore, violates RSA 91-A:4, IV. The defendant does not dispute the facts, but asserts that it is in compliance with the law. Specifically, it asserts that: (1) it has timely made the requested records available to the plaintiff for inspection; (2) the plaintiff is free to bring his own scanner or copier to make copies of records without a charge; and (3) the charge of $0.50 per page for copies made and furnished by town officials does not exceed actual cost. The town acknowledged that it initially notified the plaintiff that its charge was $1.00 per page, but expeditiously corrected the situation when the error was brought to its attention.
Upon review of the pleadings, offers and argument, the court is satisfied that the charge of $0.50 per page does not exceed actual cost when all direct, indirect and overhead cost factors are considered. Accordingly, Prayers B and C of the plaintiff's petition are DENIED. The defendant's request for an award of fees is likewise DENIED.
So ORDERED.