Page 10 - The Edge - Fall 2020

THE TRUST

BY ANTHONY W. CONTENTE-CUOMO
Dealing with Commercial Purpose

Public Records Requests
Anthony W. Contente-Cuomo

School districts, just like any other political the school district may require that the requestor
subdivision, have statutory responsibilities to outline what the requested records will be used
respond to public records requests. For the most for. The district may also legally charge fees in
part, private citizens submit these requests to addition to those permitted for a non–commercial
gain information for personal purposes. However, purpose request.
your district may sometimes receive a request for
information that the requestor intends to use for Per ARS § 39-121.03, fees can be charged for:
commercial purposes.
• A portion of the cost for obtaining the
Per Arizona Revised Statutes (ARS) § 39-121.03, original or copies of the record.
a commercial purpose includes any of the
following: • A reasonable fee for the cost of time, materials,
equipment, and personnel for producing the
record.
• Using public records for the purpose of sale
or resale. • The value of the reproduction on the
commercial market as best determined by the
• Producing a document that reproduces all or
part of a public record for purpose of sale. entity receiving the request.
• Obtaining names and addresses for purpose Market value is the most difficult portion to
of sale or solicitation. determine. The market value of public records

• Any other purpose in which the purchaser can is highly subjective, meaning that the value will
reasonably anticipate the receipt of monetary change based on what records are requested,
gain from the direct or indirect use of the
public record.

The use of a public record as evidence or as
research for evidence in an action in any judicial or
quasi-judicial body is not a commercial purpose.

An example of a commercial records request
would be a corporation asking for a list of all
parent/student directory information for purposes
of adding the parents to the entity’s solicitation
mailing list.

If your district receives a commercial public
records request, or a records request that you
believe may be for a commercial purpose, by law,
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10 THE EDGE FALL 2020