THE BOARD OF DIRECTORS
OF
CENTRAL PLATTE VALLEY COORDINATION METROPOLITAN
DISTRICT
CONCERNING THE ADOPTION OF A PUBLIC RECORDS POLICY
WHEREAS, the Central Platte Valley Coordination Metropolitan District (the "District")
is a quasi-municipal corporation and political subdivision of the State of Colorado, duly
organized and existing as metropolitan district pursuant to title 32, C.R.S.; and
WHEREAS, l)tI1Suaflt to C.R.S. § 32-1-100I(1)(h), the Board of Directors of the District
is responsible for the management, control and supervision of all business and affairs of the
District; and
WHEREAS, pursuant to C.R.S. § 32-1-l00l(1)(i), the Board of Directors of the District
has the authority to appoint, hire and retain agents; and
WHEREAS, the District, as a "political subdivision," is subject to the terms and provisions
of the Colorado Open Records Act, C.R.S. § 24-72-201, ci seq. (as may be amended, "CORk');
and
WHEREAS, the Board of Directors of the District has determined that it is appropriate to
designate a custodian of the District's public records, in accordance with C.R.S. § 24-72-
202(1.1), as may be amended, for the purpose of storing, maintaining, and protecting such public
records ii accordance with applicable Colorado statute and to permit their inspection in an
orderly and timely fashion (the "Custodian"); and
WHEREAS, pursuant to C.R.S. § 24-72-201, ci seq., (as may be amended, "CORA'),
"public records" of the District, as that term is defined in CORA in C.R.S. § 24-72-202(6), as
may be amended, shall be made available for inspection by the District, except as limited therein;
and
WHEREAS, in accordance with C.R.S. § 24-72-205(6)(a), as may be amended, a custodian
may impose a fee in response to a request for the research and retrieval of public records only if the
custodian has, prior to the date of receiving the request, either posted on the custodian's website or
otherwise published a written policy that specifies the applicable conditions concerning the research
and retrieval of public records by the custodian, including the amount of the current fee; and
WHEREAS, further, in accordance with C.R.S. § 24-72-205(6)(a), as may be amended, the
custodian shall not impose a charge for the first hour of time expended in coimection with the
research and retrieval of public records and, after the first hour of time has been expended, the
custodian may charge an fee for the research and retrieval of public records up to thirty dollars
($30) per hour; and
WHEREAS, further, in accordance with C.R.S. § 24-72-205(G)(b), as may be amended, the
maximum hourly fee that may be charged by the custodian for the research and retrieval of public
records may be adjusted by the Director of Research of the Legislative Council on July 1, 2019, and
every five years thereafter, in accordance with the percentage of change over the period in the
United Stated Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Denver-
Boulder-Greeley, all items, all urban consumers, or its successor index (as may be adjusted, a
"Research and Retrieval Fee Adjustment"); and
WHEREAS, pursuant to C.R.S. § 24-72-203, as it is reasonably necessary for the
protection of its public records and to prevent the unnecessary interference with the regular
discharge of the duties of Custodian of the District's public records, the Board of Directors of the
District has determined that it is appropriate to adopt an Open Records Policy in conformance
with CORA.
WHEREAS, this resolution shall constitute the Public Records Policy of the District and of
the District's Custodian.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
CENTRAL PLATTE VALLEY COORDINATION METROPOLITAN DISTRICT THAT:
Section 1. CliftonLarsonAllen, LLP, is hereby designated as the "custodian" of the
District's "public records," as those terms are defined in C.R,S. § 24-72-202(1.1) and 24-72-
202(6), respectively, as each may be amended, and shall be responsible for the maintenance,
care, and protection of all public records of the District (as may be designated or subsequently
replaced, the "Custodian"). Such designation may be changed at any time by the Board of
Directors of the District upon lawfully adopted resolution. Subject to annual appropriation and
budget by the District, as well as the terms and conditions of CORA, the Custodian shall have
the authority to designate such persons and/or organizations as it shall determine appropriate to
perform any and all acts necessary to the maintenance, care, and protection of the District's
public records; this may include, and shall not be limited to, the temporary off-site storage or
electronic cataloging of such public records.
Section 2. Public records of the District shall be available for public inspection in
accordance with CORA. The District hereby adopts the definitions contained within CORA,
including, specifically, what constitutes "public records" of the District. The District shall
adhere to the terms and provisions of CORA in processing any requests to inspect the public
records of the District. The Custodian shall act at all times in compliance with the terms and
provisions of CORA. Inspection shall he permitted during normal business hours, Monday
through Friday, except on holidays, at a time reasonably established by the Custodian, Although
the District shall endeavor to respond to any inspection request provided pursuant to CORA in as
prompt a manner as possible, normal and required operations of the District shall remain
prioritized over any CORA inspection request, subject to any requirements imposed upon the
District by CORA.
Section 3. The District and the Custodian shall adhere to all applicable requirements
of CORA in the maintenance, care, protection, retention, research, retrieval, inspection, copying
and dissemination of the District's "public records," as defined in C.R.S. § 24-72-202(6), as may
be amended. In accordance with C.R.S. § 24-72-205(6), as may be amended, the Custodian shall
be authorized to charge an hourly fee for the research and retrieval of the District's public
records up to arm amount equal to the lesser of: a) the actual cost to the District; or b) thirty
dollars ($30.00) (as may be amended, the "Research and Retrieval Fee"). The Research and
Retrieval Fee shall not be imposed for the first hour of research and retrieval time that the
Custodian expends in a research and/or retrieval request of public records. The Research and
Retrieval Fee shall be invoiced at the time of delivery of any requested public records or upon
the delivery of any correspondence detailing why any public records have not been delivered
pursuant to a CORA request in accordance with C.R.S. § 24-72-204, as it may be amended from
time to time. Any such invoice shall be due and payable upon delivery and an accounting of the
Custodian's time and expense spent in responding to any CORA request shall be provided to the
person seeking to inspect such public records upon request. The District may also require a
reasonable estimated deposit at the time any public record inspection request is filed with the
Custodian pursuant to CORA if, in the Custodian's sole reasonable discretion, the processing of
such a public record inspection request shall require more than five hundred dollars ($500) worth
of time and expense, as calculated by the Research and Retrieval Fee; any deposit shall be used
by the District for costs incurred by the District for processing such CORA request. Any
remaining funds from the deposit shall be returned to the requesting entity within thirty (30) days
after the CORA request has been fully processed; in the event that the costs incurred by the
District exceed the deposit, the District shall immediately advise the requesting entity or person
and the requesting entity or person shall immediately render additional funds to the District. The
amount of the allowable Research and Retrieval Fee shall be automatically increased or
decreased, as may be applicable, in the event of a Research and Retrieval Fee Adjustment
pursuant to C.R.S. § 24-72-205(6)(b), as may be amended.
Section 4. Tn all cases in which a person has the right to inspect a public record, the
person may request a copy, printout, or photograph of the record in accordance with C.R.S § 24-
72-205, as may be amended. Pursuant to C.R.S. § 24-72-205(5)(a) , as may be amended, the
Custodian shall furnish a copy for twenty-five cents ($0.25) per standard 8 '/2 x 11 inch page or a
fee not to exceed the actual cost of providing such copy, printout or photograph if in a format
other than a standard 8 1/2 x 11 inch page. The costs of copying and reproduction shall not be
waived by the Custodian for any reason whatsoever, Under no circumstances shall the
Custodian allow documents of the District to be removed from the Custodian's custody for
copying or reproduction purposes.
Section 5. In accordance with C.R.S. § 24-72-205(I)(b), as may be amended, the
Custodian shall notify the public record requester once a copy of the public record(s) is/are
available, but such public record(s) will only be sent to the requester once the Custodian either:
1) receives payment for all costs associated with the public records transmission and for all other
fees lawfully allowed; or 2) makes arrangements for receiving payment for all costs associated
with public records transmission and for all other fees lawfully allowed. Upon either receiving
such payment or making arrangements to receive such payment at a later date, the Custodian
shall send the public record(s) to the requester as soon as practicable, but no more than three (3)
business days after receipt of, or making al'm'angements to receive, such payment.
Section 6. If, in response to a specific request and pursuant to C.R.S. § 24-72-205(3),
as may be amended, the Custodian must perform a manipulation of data so as to generate a
record in a form not used by the District, including, but not limited to, the production of a
privilege log, the Research and Retrieval Fee shall be charged to the person or entity making
such a request, In conformance with C.R.S. § 24-72-205(3), as may be amended, persons or
entities making subsequent requests for the same or similar records may be charged a Resource
and Retrieval Fee not in excess of the original Resource and Retrieval Fee.
Section 7. The provisions of this Public Records Policy are in addition to and not in
lieu of the provisions of CORA. Nothing contained herein shall be construed as limiting or
waiving any rights or privileges that the District may have pursuant to CORA or any other
applicable law, rule or regulation, that are not otherwise explicitly stated herein. The District
hereby retains any further or additional rights and privileges provided to it pursuant to CORA
regarding the generation, retention, destruction, inspection or copying of any records of the
District, whether or not such records are deemed to be "public records" pursuant to CORA. In
the event of any discrepancy between this Public Records Policy and the statutory provisions of
CORA, the compulsory statutory provisions of CORA shall prevail.
Section 8. In accordance with C.R.S. § 24-72-205(6)(a), as may be amended, this
Public Records Policy shall be either posted on the Custodian's website or otherwise published
as required by CORA or any other Colorado statute applicable to special districts.
PASSED AND ADOPTED this
2nd
day of December, 2014.
CENTRAL PLATTE VALLEY
COORDINATION METROPOLITAN
DISTRICT j .. ..
President
Attest:
Secretary/Tr:easurer.