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1 TOWN OF MONUMENT POLICY AND PROCEDURE Effective Date: 5/20/2024 Approval: Town Council Subject: OPEN RECORDS REQUEST POLICY Reference: § 24-72-201, et seq., C.R.S. No. Pages: 5 I. PURPOSE The purpose of this policy is to assure prompt and equitable service to individuals requesting access to Town of Monument (the “Town”) public records, regardless of the format of those records, in accordance with the requirements of § 24-72-201 et. seq., C.R.S. This policy does not apply to criminal justice records, as defined in § 24-72-302, C.R.S. II. BACKGROUND § 24-72-202(6)(a), C.R.S. defines public record to include all writings made, maintained, kept, or held by a local government-financed entity for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds. § 24-72-204, C.R.S. protects various documents from production/inspection, including but not limited to personnel files; medical, mental health, sociological, and scholastic achievement data; letters of reference; trade secrets; privileged information; confidential commercial, financial, geological, or geophysical data; and names, addresses, telephone numbers, and personal financial information of past or present users of public facilities. III. OFFICIAL CUSTODIAN The Town Clerk is designated as the Official Custodian (the “Custodian”) responsible for the maintenance, care, and keeping of all records of the Town, except as provided herein. The Custodian shall have the authority to make reasonable rules and regulations with reference to the copying and inspection of public records as necessary to protect the records and prevent unnecessary interference with the regular duties of the Custodian; and designate such agents as the Custodian shall determine appropriate to perform any and all acts necessary to enforce and execute the Town’s public records policies. IV. POLICY It shall be the policy of the Town to make all records available for public inspection unless such records are protected from disclosure by state or federal law, by court order, or unless disclosure of such records would be contrary to the public interest or policies adopted by the Town Council in accordance with CORA. ---PAGE BREAK--- 2 A. Records Request Submission All requests to inspect and/or copy any Town record (a “Records Request”) shall be made in writing to the Custodian. Records Requests must be specific with regard to the information desired. If not submitted to the Custodian, any Town employee or Council Member that receives the Records Request shall immediately send the Records Request to the Custodian. Records Requests not submitted to the Custodian may not be considered. To assist the Custodian in responding to requests in a timely and complete manner, a Records Request must be submitted on a form developed by the Custodian. If a deposit is required, the Records Request is not considered received until the deposit is paid. Records Requests and deposits must be sent to: If by email: mailto:[EMAIL REDACTED] If by U.S. mail: Monument Town Clerk 645 Beacon Lite Road Monument, Colorado 80132 If by electronic payment, visit: Except as required by § 24-72-204(3.5)(g), C.R.S. and except when a requested record is confidential and accessible only on the basis that the requestor is the person in interest, no form of identification shall be required to request or inspect public records. Please note that Records Requests may constitute public records under the public records law and may be subject to public inspection under § 24-72-203, C.R.S. and the Town policy. B. Records Request Response All records shall be made available for inspection within three working days of the Custodian’s receipt of the Records Request, unless extenuating circumstances exist. If extenuating circumstances exist and the requesting party is notified within three working days of the Custodian’s receipt of the Records Request, the deadline may be extended by seven additional working days. Requests for routine copies of non-restricted public records that are readily available on the Town’s website or from other easily accessible public sources minutes, agendas, ordinances, resolutions, etc.) shall not be considered an open records request, and shall not be required to be submitted in writing. In such cases the requestor shall initially be referred to such public sources. However, if the requestor specifically requests that the Town provide the records pursuant to CORA, a Records Request will be required, and applicable fees will still apply. No person shall be permitted to inspect or copy any records of the Town if, in the opinion of the Custodian after consultation with the Town’s legal counsel, such inspection or copying is prohibited under CORA or contrary to the public interest or policies adopted by the Town in accordance with CORA. ---PAGE BREAK--- 3 C. Attorney Review If any question arises as to CORA exemptions and/or the propriety of complying with a Records Request, the Custodian (or their designated agent) shall immediately forward the Records Request to the Town’s legal counsel for review. Disclosure may be prohibited by court order or be contrary to state or federal law. If the Town is permitted to make records available for inspection in whole or in part, the Town’s legal counsel will so notify the Custodian, who will assemble the disclosable requested documents for inspection and/or copying in accordance with applicable federal or state law. If the Town’s legal counsel determines the Town is not permitted by federal or state law to make records available for inspection in whole or in part, legal counsel shall provide, or assist the Custodian in providing, a written response to the requestor stating the legal basis upon which the Records Request in whole or in part is being denied. Following the denial of a Records Request, upon receipt of the required written notice from the requesting individual that they will seek relief from the District Court, the Custodian will attempt to meet in-person or speak by telephone with the requesting individual. The Custodian and their designees are encouraged to utilize all reasonably authorized means to attempt to resolve the dispute during this time period and will provide a written summary of the Town’s position at the end of that period to the requestor and to the Town Council. No phone or in-person conference is required if the written notice indicates that the requestor needs access to the record on an expedited basis. D. Records Production Any public record that is stored in a digital format will be provided in a digital format and transmitted by electronic mail, unless the size prevents email transmission, in which case they shall be transmitted by another method, as agreed upon by the requestor and the Custodian. A public record stored in a digital format that is searchable will be provided in searchable format and a public record stored in sortable format will be provided in sortable format. A public record that is in a searchable or sortable format shall not be produced if: producing the record in the requested format would violate the terms of any copyright or licensing agreement between the Town and a third-party; producing the record would result in the release of a third party’s proprietary information; or after making reasonable inquiries: it is not technologically or practically feasible to permanently remove information that the custodian is required or allowed to withhold within the requested format; (ii) it is not technically or practically feasible to provide a copy of the record in a searchable or sortable format; or (iii) the Custodian would be required to purchase software or create additional programming or functionality in its existing software to remove the information required or allowed to be withheld. Altering an existing digital public record, or excising fields of information that the Custodian is either required or permitted to withhold, does not constitute the creation of a new public record. The Custodian may set the time, which shall be during normal office hours, and the place for records to be inspected, and require that the Custodian or a delegated employee be present while the records are examined. ---PAGE BREAK--- 4 E. Fees and Charges Fees and charges for production of records shall be standard throughout the Town for similar items. 1. Deposits Requests expected to have a total charge of $50.00 or more shall be accompanied by a non- refundable deposit of one-half the estimated amount from Town residents; or 100% of the estimated amount from non-residents. This deposit will be credited toward the total fee, and the total fee shall be paid prior to release of the requested records. In the event the deposit amount exceeds the actual costs, the balance shall be refunded within thirty (30) days. All payments of fees, including deposits, may be made via cash, check, credit card, or debit card. 2. Production Fees Printouts, photographs, and copies, when requested, will be provided at a cost of twenty-five cents ($0.25) per standard page, and at the actual cost of production for any non-standard page, except that no per-page fee will be charged for providing records in a digital or electronic format. A standard page shall mean an 8.5-inch by 11-inch black and white copy. If data must be manipulated in order to generate a record in a form not otherwise used by the Town, such data manipulation will be assessed at the actual costs to the Town (the “Manipulation Fee”); however, the Town is in no way obligated to generate a record that is not otherwise kept, made, or maintained by the Town. The Town is not required by law to manipulate data found within existing Town records to create a requested form of record that does not otherwise exist. If the Custodian chooses to manipulate requested data, they may charge a fee for such service, which shall not exceed the actual cost of manipulating said data. Persons making a subsequent request for the same data shall be charged the same Manipulation Fee. Additionally, the Custodian will charge a fee for providing copies of electronically stored public records that are the result of a computer output other than word processing. The records may be provided to the requestor by a copy, digital storage device, printout, or email. The fee will be based on recovery of the actual incremental costs of providing the electronic services and products together with a portion of the costs associated with building and maintaining the information system. When it is impractical to make the copy, printout, or photograph of the requested record at the place where the record is kept, the Custodian may allow arrangements to be made for the copy, printout, or photograph to be made at other facilities and the cost of providing the requested records will be paid by the person making the request. The Custodian may establish a reasonable schedule of times for making a copy, printout, or photograph and may charge the same fee for the services rendered in supervising the copying, printout, or photographing as the Custodian may charge for furnishing such documents. Data kept by the Town but generated by a third party shall be charged at actual cost paid to the third party, subject to additional fees if applicable. ---PAGE BREAK--- 5 3. Research and Retrieval Fees When the location or existence of specific documents must be researched and the documents must be retrieved, sorted or reviewed for applicability to the request, and such process requires more than one hour of staff time, the Custodian may charge a research and retrieval fee not to exceed thirty-three dollars and fifty-eight cents ($33.58) per hour, or the maximum amount allowed by the Executive Committee of the State Legislative Council, whichever is greater, in accordance with the Town of Monument Fee Schedule published at 4. Transmittal Fees The cost for transmitting the requested records will be charged at the actual cost of such delivery (the “Transmission Fee”). Transmission Fees will not be charged for transmitting any record via electronic mail, when requested. 5. Privilege Fees If any requested records are protected from disclosure, the Town may charge the actual costs of creating a privilege log identifying the privileged records and/or redacting the privileged records (collectively, the “Privilege Fee”). If legal assistance or review is necessary to create the privilege log, the Privilege Fee may include the actual costs for such legal assistance. The Town is under no obligation to create a privilege log and may do so at the discretion of the Custodian. V. INTERNAL PROCEDURE 1. All CORA requests shall be submitted to the Custodian’s office, with the exception of Criminal Justice Records Act records, which shall be submitted to the Monument Police Department or applicable agency. 2. The Custodian’s office will ensure the request is complete and legible to the best of their abilities and that appropriate fees are received, if applicable. 3. The Custodian’s office will contact the assigned liaison from the department(s) who maintain the requested record(s) and notify them of the Records Request. 4. Any and all responsive records will be provided to the Custodian’s Office in a timely fashion. No records will be provided to the requestor directly by any other department. 5. If the Custodian’s Office needs legal counsel to determine an appropriate response, the Town Manager may authorize the Custodian or their designated agent to contact the Town Attorney for advice. 6. The Custodian’s office will notify the requestor if there are any fees associated with the Records Request and upon completion of the Records Request. 7. The Custodian’s Office will maintain the original Records Request and the Town’s response to the Records Request according to the Colorado Municipal Records Retention Schedule.