Department of Homeland Security & Emergency Management
Marion County DHSEM
FOIA / Data / Copy Charge Policy
Pursuant to West Virginia State Code §24-6-13 - Marion County DHSEM/911 will provide, with a WV FOIA request or proper subpoena from a Court of Law, radio and/or telephone transcriptions and/or text call information of incidences. Any request that includes personal medical information or law enforcement information will also need approval by the Marion County Prosecuting Attorney. Marion County DHSEM/911 will not be responsible for this information once it has left the custody of Marion County DHSEM/911. Requesting agency or individual will be charged a data processing fee which can be found below. All FOIA/Subpoena requests must be submitted in writing and may be mailed, faxed or emailed.
ADDRESS -- 50 Centerview Dr, Fairmont, WV 26554
FAX -- 304.363.4061
EMAIL -- firstname.lastname@example.org
Marion County Department of Homeland Security will make available electronic copies (PDF Format) as an option for record copy transmissions to recipient requestors (there may be recoverable costs as set out in the paragraph below). Copies will be made available within 10-day (business-days) required response period, unless a different time-frame is specified in the response due to the increased time it may take to recover documents from Archives, computer record search, the involvement of multiple agencies, volume of responsive responsive records, records are in current use, or other designated reasons for a response time of greater than ten days.
The policy provides guidance in applying standard charges and formats. Marion County DHSEM is entitled to recover any costs related to providing copies of records. Those recoverable costs may include costs of copy materials prior to provisions in another format with cost recovery of 10¢ per page. For example, if a record copy is made in order to redact certain information prior to providing the copy (even if that copy is ultimately provided in an electronic format), since Marion County DHSEM incurred a copy cost in order to provide the record, the requestor will be required to pay for that copy cost prior to receiving final copies.
In addition, if electronic copies requested impose an unreasonable burden on the Marion County DHSEM's email and/or storage capacity, the agency may inform the requestor and download copies to CDs or other format and charge accordingly.
When charges are applicable, no copies will be released until payment has been received either in the form of a check or money order. These is no option to "bill" or "invoice" a requestor for copies.
This policy WILL NOT APPLY to subpoena or court-ordered responses which are not covered under law. Responses in those instances will provide copies at no charge.
These charges may or may not apply to other agency responses for records or other copies provided in the normal course of business unrelated to a request. In special cases where items are not listed and Marion County DHSEM incurs costs related to making copies, that cost will be estimated and passed along to the requestor.
COPY CHARGE SCHEDULE
Mail Charge Schedule
When practical to obtain actual costs of mailing, that charge will be assessed.