I. How are fees for electronic records assessed?

In general, the fee for records cannot exceed the cost of reproduction. Ark. Code Ann. § 25-19-105(d)(3)(A)(i). The custodian of the records cannot charge for the cost of personnel time when the records are being retrieved rather than customized or converted to a particular format. Ark. Op. Att’y Gen. No. 2006-093.

The custodian of the records may charge the requestor for personnel time in compiling, summarizing, or tailoring electronic data if the personnel time involved is more than two hours. Ark. Code Ann. § 25-19-109(b). The charge cannot exceed the salary of the lowest paid employee or contractor who has the ability to complete the request. Id. § 25-19-109(b)(2). This refers to the salary of the actual contractor who does the work, not the lowest paid employee of that contractor. Ark. Op. Att’y Gen. No. 2004-023. The custodian must also provide an “itemized breakdown” of the charges. Id. § 25-19-109(c).