WHEREAS, the Colorado Open Records Act ("CORA") provides that all public records shall be open for inspection by any person at reasonable times, except as otherwise provided by law; and,
WHEREAS, the Board of Directors of the Fountain Creek Watershed, Flood Control and Greenway District (the “District”) has developed the following policy to assure reliable service to citizens requesting public records of the District and the District’s Water Activity Enterprise (the “Enterprise”); and,
WHEREAS, the District Board of Directors desires to establish a policy to ensure the District and Enterprise complies with CORA in a uniform manner as set forth in section 24-72-201, et seq., C.R.S.; and,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Fountain Creek Watershed, Flood Control and Greenway District and the District’s Water Activity Enterprise that the following rules shall apply to requests pursuant to CORA for public records of the District and the Enterprise:
Requests for Public Records
Requests to examine public records that are made, maintained or kept by the District or Enterprise may be made by either emailing a written request to: fcwdaa@gmail.com; or, by mailing a written request directed to the District or Enterprise at: P.O. Box 8100, Colorado Springs, CO 80933. CORA requests must be submitted in the manner set forth in this Policy.
The District and Enterprise will only accept CORA requests that are made in writing; verbal requests will not be accepted. Requests should be as detailed as possible including date, type of record, specific subjects, names of custodians, if known, etc. If the document name is unknown, provide a brief, but specific, description of the document or information requested, noting the date of issuance
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and location of the document, if known. A request which is broad, vague, or too voluminous may cause a delay in the time it takes to produce the records and could result in much higher fees for the staff time to gather and review a large number of records.
Requests for copies of public records shall be included in the written request described above. The requestor shall specify the preferred method of delivery of copies. The District and Enterprise will charge the requestor a fee for any requested copies, as described below.
By filing a CORA request, the requestor acknowledges that there may be charges associated with the request. The requestor will be informed of the estimated cost and have an opportunity to withdraw or modify the request prior to costs being incurred. The requestor must pay such charges before receipt of documents.
Any response to a request for public records will be for those public records created prior to the time of receipt of the written request. Requests for "future" records or requests for ongoing or supplemental records will not be accepted. A request that asks for recurring records on a continuing basis will not be accepted.
CORA requests are a means to inspect or receive copies of public records. Neither the District nor the Enterprise are required pursuant to CORA laws to conduct research or answer questions. Records that are readily available online are not subject to this Open Records Policy.
Procedures
Upon receipt of a written request for public records as described above, District Staff will review the request and determine whether it complies with this Policy. If the request complies with this Policy, District Staff will provide the written request to the Custodian of Records (the “Custodian”). If the request does not comply with this Policy, District Staff will inform the requestor in writing within three (3) business days.
The Custodian may seek clarification on any CORA request that is broad, vague or ambiguous. While seeking clarification, the time to respond to a CORA request will be stayed until a sufficient clarifying response by the requester is received. The Custodian will continue processing the request once clarification is made and the time to respond will resume.
The Custodian will make every reasonable effort, consistent with available resources, to respond to the request and make the public records available for examination, or provide a copy of the requested public records, within three (3) business days, as provided by section 24-72-203(3)(b), C.R.S. If the Custodian determines that extenuating circumstances prevent either the examination or
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production of the requested public records within three (3) business days, the Custodian may invoke up to an additional seven (7) business days, as provided in section 24-72-203(3)(b), C.R.S. A request is considered received the day an email or letter containing the request is received by the District. The three-business day response time begins the first working day following receipt of the written request. A request received after 3:00 p.m., or on any federal or state holiday, will be considered received as of 8:00 a.m. the next following business day.
The Custodian will provide responsive records in an electronic format, unless a different requested format is specified. When responsive records cannot be provided in the specified format, the Custodian will work with the requester, provide a written explanation, and will either provide the records in an agreed alternative format or schedule an inspection of the records in person.
Fees
Email transmission of requested records will have no fee.
Copies or printouts will be charged $0.25 per standard size page. Copies or printouts of documents larger than standard size will be charged the actual cost to produce the copy or printout.
Postage will be charged at the actual cost.
Photographs will be charged at the actual cost to reproduce.
Oversized maps, drawings or plans will be charged at the actual cost to reproduce.
Audiotape, videotape or other magnetic tape will be charged at the actual cost to reproduce.
On-site record inspection will be charged at $30.00 per hour for staff time.
Off-site record retrieval will be charged at $30.00 per hour for staff time.
Research and Retrieval
In accordance with section 24-72-205(5)(a), C.R.S., the Custodian will charge the requestor thirty dollars ($30.00) per hour when a request is made that requires more than one (1) hour of staff time to locate, gather and produce records. This staff time may also include the time required to identify and segregate records which are not required to be disclosed. This hourly charge will automatically adjust for inflation pursuant to statute.
If more than one (1) hour of staff time is believed to be necessary to process a records request, the Custodian will provide an estimated invoice to the requestor within three (3) working days. The Custodian will require payment of a
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fifty percent (50%) deposit of the estimated invoice prior to compilation of records and will contact the requestor to inform of this requirement and provide further details. Upon completion of research and retrieval, the requestor will be required to pay the final actual cost of the research, retrieval, and production in excess of the deposited fifty percent (50%). If the final actual costs of research, retrieval and production do not exceed the fifty percent (50%) deposit, the Custodian will promptly refund the remaining deposit to the requestor. Final invoices left unpaid for 30 days will result in closure of the CORA request.
All fees must be paid by check or money order, in the exact amount, and payable to the District mailed to: Fountain Creek Watershed, Flood Control and Greenway District, P.O. Box 8100, Colorado Springs, CO 80933.