The Arizona Attorney General has pronounced limitations on when and for what purpose a public body may charge fees for copying public records in responding to public records requests, in an opinion issued on December 2, 2013. Although these limitations are not expressly set forth in statute, this opinion reflects the Attorney General’s interpretation of the Arizona public records law.

According to the opinion, the public body may not charge for copies when:

• The requesting party seeks to inspect records and the public body must make copies of the records to allow the requesting party to inspect the records (such as converting electronic copies to hard copies and creating redacted copies).
• The requesting party seeks to inspect public records and makes copies on his or her personal device (such as a photographing with a cell phone).

Also according to the opinion, the public body may charge copying fees only if copies are requested and the public body makes the copies using public resources. Attached for your review is the Attorney General Opinion

For additional information, please contact one of our public finance attorneys below:

Fred H. Rosenfeld – 602-257-7413 – rosenfeld@gustlaw.com
Andrew J. McGuire – 602-257-7664 – amcguire@gustlaw.com
Robert D. Haws | 602-257-7976 | rhaws@gustlaw.com
Susan Plimpton Segal | 602-257-7425 | spsegal@gustlaw.com
Jennifer N. MacLennan | 602-257-7475 | maclennan@gustlaw.com