Montrose Fire Protection
District
PERSONNEL DIRECTIVE MANUAL
SUBJECT: Public Records Request
Policy
and
Procedure
EFFECTIVE:
January
1,
2012
REVISED:
January
1,
2012
PURPOSE:
The purpose of these procedures is to ensure members of the public receive prompt, accurate
and thorough responses 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 right of access to
District public records under the Colorado Open Records Act.
PROCEDURES:
1. The Fire Chief is the official custodian of all records maintained within the District.
2. Citizens shall make written requests 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 shall
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 by
rules promulgated by the order of any court. Examples of such 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 Districts Attorneys Office or other special
counsel representing the District and anyone within the District organization.