BERKLEY SHORES METROPOLITAN DISTRICT
RULES RELATED TO REQUESTS FOR INSPECTION OF PUBLIC RECORDS
PURSUANT TO
THE COLORADO OPEN RECORDS ACT, SECTIONS 24-72-200.1 et seq., C.R.S.
WHEREAS, Berkley Shores Metropolitan District (the “District”) is a special district
organized and existing pursuant to Sections 32-1-101 et seq., C.R.S.; and
WHEREAS, the District is a political subdivision for purposes of the Colorado Open
Records Act, Sections 24-72-200.1 et seq., C.R.S., as may be amended from time to time
(“CORA”), as defined in Section 24-72-202(5), C.R.S., and is thus subject to CORA; and
WHEREAS, the District has designated an “Official Custodian,” as that term is defined
in Section 24-72-202(2), C.R.S., who is responsible for the maintenance, care, and keeping of the
District’s public records, regardless of whether the records are in his or her actual personal
custody and control; and
WHEREAS, the District has designated a “Custodian,” as that term is defined in Section
24-72-202(1.1), C.R.S., who shall serve as the repository for the District’s public records and
shall have personal custody and control of the District’s public records and assist the Official
Custodian with the maintenance, care, and keeping of the District’s public records; and
WHEREAS, pursuant to Section 24-72-203(1)(a), C.R.S., the Official Custodian may
make such rules with reference to the inspection of public records as are reasonably necessary
for the protection of such records and the prevention of unnecessary interference with the regular
discharge of the duties of the Custodian and the Custodian’s office; and
WHEREAS, the Official Custodian finds it is necessary and in the best interests of the
District to adopt certain rules with reference to the inspection of its public records.
NOW, THEREFORE, THE OFFICIAL CUSTODIAN MAKES AND ADOPTS THE
FOLLOWING RULES WITH REFERENCE TO THE INSPECTION OF THE
BERKLEY SHORES METROPOLITAN DISTRICT’S PUBLIC RECORDS:
1. Inspection of Public Records. All “Public Records” of the District, as such term is
defined in Section 24-72-202(6), C.R.S., shall be available for public inspection by any
person at reasonable times as provided in CORA, except as otherwise provided in CORA
or as otherwise provided by law. All requests to inspect Public Records shall be in
writing and delivered to the Custodian or his or her designee. Upon the receipt of a
written request to inspect Public Records, the Custodian or his or her designee shall set a
date and hour at which time the requested Public Records will be available for inspection,
which date and hour of inspection shall be between the hours of 8:00 A.M. and 5:00
P.M., Mountain Standard Time, three (3) working days or less from the date such Public
Records were requested for inspection unless extenuating circumstances exist as provided
in Section 24-72-203(3)(b), C.R.S. The day the request is received, weekends, and
legally recognized holidays shall not count as a working day for the purposes of
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computing the date set for inspection of Public Records. A modification to a request for
Public Records is considered a new request.
2. Notification for Inspecting Public Records Not Under Control of the Custodian. If the
Public Records requested are not in the custody or control of the Custodian or the Official
Custodian, the Custodian or his or her designee shall notify the person requesting to
inspect such records that said records are not in the custody or control of the Official
Custodian or the Custodian. The notification shall state in detail to the best of the
Custodian’s knowledge and belief, the reason for the absence of the records, the location
of the records, and what person has custody or controls the records.
3. Notification for Inspecting Public Records in Use or Otherwise Unavailable. If the
Public Records requested are in active use, in storage, or otherwise not readily available
at the time requested, the Custodian or his or her designee shall notify the person
requesting to inspect the Public Records of the status of the Public Records. Such
notification shall be made in writing if desired by the person requesting to inspect the
Public Records.
4. Copies of Public Records. Within the period specified in Section 24-72-203(3), C.R.S.,
the Custodian or his or her designee shall notify the person requesting a copy of the
Public Records that a copy of the Public Records is available but will only be sent to the
requester once the Custodian either receives payment or makes arrangements for
receiving payment for all costs associated with records transmission and for all other fees
lawfully allowed, regardless of whether provided for herein, unless recovery of all or any
portion of such costs or fees has been waived by the Custodian. Upon receipt of such
payment, the Custodian or his or her designee shall send a copy of the Public Records to
the requester as soon as practicable but no more than three (3) business days after receipt
of, or making arrangements to receive, such payment.
5. Fees for Copies of Public Records. The Custodian or his or her designee shall furnish,
for a fee as set forth herein, a copy, printout, or photograph of the District’s Public
Records requested. The fee shall be twenty-five cents ($0.25) per standard page, or such
other maximum amount as authorized by Section 24-72-205(5), C.R.S., for a copy,
printout, or photograph of the Public Record except as follows:
a. When the format is other than a standard page, the fee shall not exceed the actual
cost of providing the copy, printout, or photograph;
b. If other facilities are necessary to make a copy of the Public Records, the cost of
providing the copy at the other facilities shall be paid by the person requesting the
copy;
c. If the Public Records are a result of computer output other than word processing,
the fee for a copy, printout, or photograph thereof may be based on recovery of
the actual incremental costs of providing the electronic services and products
together with a reasonable portion of the costs associated with building and
maintaining the information system;
d. If, in response to a specific request, the District has performed a manipulation of
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data so as to generate a record in a form not used by the District, a reasonable fee
may be charged to the person making the request, which fee shall not exceed the
actual costs of manipulating the data and generating the record in accordance with
the request; and
e. Where the fee for a certified copy or other copy, printout, or photograph of a
Public Record is specifically prescribed by law, that specific fee shall apply in
lieu of the fee(s) set forth herein.
6. Transmission Fees. In addition to the fees set forth above, where the person requesting
the Public Record requests the transmission of a certified copy or other copy, printout, or
photograph of a Public Record by United States mail or other non-electronic delivery
service, the Custodian or his or her designee may charge the costs associated with such
transmission, except that no transmission fees may be charged to the records requester for
transmitting a Public Record via electronic mail.
7. Research and Retrieval Fees. In addition to the fees set forth above, in accordance with
Section 24-72-205(6), C.R.S., the Official Custodian, Custodian, or his or her designee
may charge a research and retrieval fee of $41.37 per hour, or such other maximum
hourly fee as may be adjusted from time to time pursuant to Section 24-72-205(6)(b),
C.R.S., for time spent by the District’s directors, employees, agents, and consultants
researching, retrieving, gathering, collecting, compiling, preparing, redacting,
manipulating, and/or otherwise producing records in order to respond to a request for
Public Records. Provided, however, that such research and retrieval fee may not be
imposed for the first hour of time expended in connection with such research and
retrieval activities related to a request for Public Records, but may be imposed for each
subsequent hour.
8. Payment of Fees. All fees associated with production of the District’s Public Records
requested by the person inspecting said Public Records, as set forth in Paragraphs 4
through 7 above, shall be received by the District before the delivery or inspection of said
Public Records.
9. In Force Until Amended or Repealed. These rules of the Official Custodian shall remain
in full force and effect unless and until such time as they are amended or repealed by the
Official Custodian regardless of any change in either the individual serving as, or the
designation of, the Official Custodian of the District.
10. Repealer. These rules of the Official Custodian shall supersede all previous versions of
rules, regulations, practices and policies of the District related to inspection of Public
Records.
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ADOPTED, APPROVED, AND MADE EFFECTIVE the 7th day of June, 2021.