RULES AND POLICY PERTAINING TO THE INSPECTION AND COPYING OF RECORDS PURSUANT TO THE COLORADO OPEN RECORDS ACT
It is the policy of the Sunshine Fire Protection District (hereinafter “District”) that all public records shall be open for inspection by any person as set forth herein, except as provided by law, and in accordance with the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. These rules and policy are made pursuant to said Act.
I. Official custodian.
(a) The Secretary for the Board of Directors of the District is hereby designated as the Official Custodian responsible for the maintenance, care and keeping of all records of the District.
(b) The Official Custodian shall have the authority to designate such agents as (s)he shall
determine appropriate to perform any and all acts necessary to enforce and execute the provisions of the adopted Resolution.
2. The term "public records" shall have the same meaning as set forth in the open Records
Act.
3. All requests for public records must be in writing and must comply with the requirements
of the Open Records Act and any other applicable federal or state laws. Anyone making a verbal request will be asked to submit the request in writing, and no action related to the request will be taken until a written request is received.
4. The District will comply with the requirements of Applicable Law with respect to whether
it must, may, or cannot produce public records, or other documents or information requested, and the fees it charges for producing such public records, or other documents or information.
5. Where the fee for a certified copy or other copy, printout, or photograph of a public record
is specifically prescribed by Applicable Law, the specific fee shall be charged. If a fee is not specifically prescribed by Applicable Law, the District will furnish copies, printouts, or photographs of a public record for a fee of $0.25 per standard page. The District shall charge a fee not to exceed the actual cost of providing a copy, photograph, or printout in a form other than a standard page. The District shall charge the actual costs it incurs in having the copies made off-site by an outside copying facility.
6. If, in response to a specific request, the District's custodian of records performs a
manipulation of data so as to generate a record in a form not used by the District (including a privilege log), an hourly administrative fee equal to the hourly research and retrieval fee discussed below in Section 7 shall be charged to the person or entity making the request; provided, however, that the fee shall not exceed the actual cost of manipulating the data and generating the record in accordance with the request. An individual or entity making a subsequent request for the same or similar records shall be charged the same fee.
7. If the amount of time required by the District for research and retrieve the documents
necessary to fulfill a specific request exceeds 1 hour, including the time required to identify and segregate records that must or may not be produced, the person or entity making the request shall be charged a research and retrieval fee of $33.58 per hour, or such maximum hourly research and retrieval fee as may be established by the Colorado Legislative Council from time to time. Such fee will include discussing strategy for accomplishing the collection of public records (including time to agree on search terms and searchable time frame for email searches), redactions, and attorney time to review public records. The District will not impose a charge for the first hour of time expended in connection with the research and retrieval of public records.
8. Upon request for transmission of the public record, the District will transmit the public
record by United States mail, other delivery service, facsimile, or electronic mail. If transmitting the public record pursuant to this paragraph, the District may notify the record requester that a copy of the public record is available, but will be sent only when the District receives payment or makes satisfactory arrangements for payment of all costs associated with transmitting the public record and for all other fees lawfully allowed; provided, however, that no transmission fees will be charged for transmitting the public record electronically. The District will transmit the public record within three business days following its receipt of, or making satisfactory arrangements to receive, such payment.