Public Records Request Policy and Procedure
PURPOSE:
The purpose of these procedures is to ensure members of the public receive prompt, accurate and thorough response to their requests for public records maintained by the District.
POLICY:
It is the policy of the District to provide members of the public their full rights of access to District public records under the Colorado Open Records Act.
PROCEDURES:
1. The District Manager is the official custodian of all records maintained within the District.
2. Citizens shall make written request to the official custodian for copies of public records, utilizing the District Open Records Request Form or other approved form of request.
3. By law, the District has three (3) business days to provide documents for in-office review or to supply copies of requested documents. Every effort will be made to produce documents before that time. Some records may require seven (7) business days to release if extenuating circumstances exist.
4. A fifty percent (50%) deposit is required prior to embarking on any work on all requests requiring more than one hour of research and or preparation of documents. In addition, this deposit shall include estimated legal fees, fees of outside consultants retained on behalf of the District, overhead and equipment. This may also include a charge for supervision and staff time at the set fee of $75 per hour. No copies requested are released until full payment has been received.
5. Access to public records may be denied in accordance with the provisions of the Colorado Open Records Act if, upon consultation with the District’s legal counsel, it is determined that the document is prohibited from disclosure under any ordinance, state statute, federal statute, or regulation issued there under or is prohibited items include, but are not limited to:
a. Employee files, including social security numbers, home addresses and telephone numbers, and medical, psychological, and sociological data;
b. Sexual harassment investigations;
c. Work product and drafts;
d. Investigatory files compiled for any law enforcement purpose;
e. Protected Health Information under the Health Insurance Portability and Accountability Act;
f. Correspondence between the District Board of Directors and constituents where it is clear that there was an expectation of confidentiality;
g. Communications to or from the District’s Attorney’s Office or other special counsel representing the District and anyone within the District organization.