REQUEST
Written request should be sent to the address above to the attention of the NCFPD Custodian of Records. An initial phone contact may be made to any of the members of the Board of Directors. This document must be fully read and complied with, as well as the utilization of the enclosed CORA Request Form.
SCOPE
CORA is the Colorado Open Records Act and all state and local government agencies are required by law to comply with it. The North Central Fire Protection District (NCFPD) as a Special District must allow the citizens within the District or applicable government entities the opportunity to review current and historic documents and to make copies as necessary. The NCFPD Board of Directors is required by Colorado law to maintain a complete set of records regarding their conduct of public business. Some of these records are legally required to be confidential and other are not considered confidential. All non-confidential records must be available for public inspection at reasonable times, strict file access procedures are in place to ensure the sanctity of private or confidential records and the integrity of the entire District records keeping system.
Note: Confidential records are those records under the auspices of HIPPA as well as information contained within an Executive Session. All non-confidential information such as but not limited to the following: Meeting Agendas, Meeting Minutes, Monthly Financial Statements, Fire Chief�s Reports, budgets and budget related information, transparency notice and mill levy information.
Request to Review Public Records on Premises
1. A request must be made to a member of the Board of Directors. Even though the contact may be verbal the actual request must be in writing. The reasoning for this formality is because this is a legal action that has a set time frame that must be adhered to.
2. The written request must include the requestor�s name, physical address, mailing address, phone number, and e-mail address if one exists. The request must be dated and it must be signed.
3. The information must be as specific as possible and cannot be just an open-ended review of all NCFPD documents. Because documents are to be reviewed in the presence of the Custodian of Records there must be a precise objective.
4. The member from the Board of Directors who receives the request must communicate this request immediately with the Board�s Secretary who is the Custodian of Records. The clock on the three (3) working days to satisfy the request starts upon receipt of the written request by a Board member.
5. If there is any question as to the permissibility of the request into what may or may not be a public record the District�s legal counsel may be consulted. If such an issue arises it will automatically qualify as extenuating circumstances and move to an additional seven (7) working days to satisfy the request.
6. An appointment date and time must be made with the Custodian of Records to review the documents. Prior to the appointment, the Custodian must retrieve the documents from the locked file cabinet so as to expedite the review. The office door to the file cabinet must remain locked while the requesting party is in the building. All reviews are to be done in the meeting room of the NCFPD.
7. The requesting party must review all documents under the supervision of the Custodian. The Custodian is responsible to ensure that no documents are taken by the requesting party. The requesting party may make their own notes on their own paper, but may not deface any District documents.
8. When the requestor informs the Custodian that he/she is finished with the review the documents are to be removed from the meeting room.
9. The Custodian of Records must note the following on the received written request to review the files:
� Date of the review.
� Start time of the review.
� Completion time of the review.
� A note on the request regarding what files were actually reviewed from the list and which were not and why.
� Signature and date on the request by both the requestor and the Custodian.
10. The Custodian of Records must complete the following activities:
� Once the requesting party has left the building, the Custodian must unlock the cabinet and re-file all the documents. The Custodian is responsible for relocking the cabinet and relocking the office.
� File the competed request under �CORA Requests to Review Records�.
� Notify all Board members of the review no later than the next scheduled Board meeting.
Requests to Receive Paper Copies or E-mails of Public Records
1. A request must be made to a member of the Board of Directors. Even though the contact may be verbal the actual request must be in writing. The reasoning for this formality is because this is a legal action that has a set time frame that must be adhered to.
2. The written request must include the requestor�s name, physical address, mailing address, phone number, and e-mail address if one exists. The request must be dated and it must be signed.
3. The information must be as specific as possible and cannot be just an open-ended request for all NCFPD documents. Because documents are to be copied by the Custodian of Records there must be a precise objective.
4. The member from the Board of Directors who receives the request must communicate this request immediately with the Board�s Secretary who is the Custodian of Records. The clock on the three (3) working days to satisfy the request starts upon receipt by the written request by a Board member.
5. If there is any question as to the permissibility of the request into what may or may not be a public record the District�s legal counsel may be consulted. If such an issue arises it will automatically qualify as extenuating circumstances and move to an additional seven (7) working days to satisfy the request.
6. If the requestor would like paper copies of the permissible public records, the NCFPD will provide them at a maximum cost of $0.25 per page. Documents copied electronically are free but the cost of distribution can vary depending on if they are sent via e-mail which will be free or if an external device is utilized and paid for by NCFPD.
7. The Custodian must retrieve the documents from the locked Board file cabinet in the locked office. The Custodian must count the number of pages and report to the requesting party the total cost of making paper copies of the documents. If the cost is agreed to then the Custodian will make one copy of each requested document. The copying may occur without the requestor present in the building. If the requestor is in the building he/she should not be in the room in which the documents are kept during the copying process.
8. The requestor may take possession of the copied documents at the day and time of the copying or at a prearranged time from the Custodian. The Custodian must collect the fees prior to turning over the copied documents. If the documents are to be mailed, the Custodian must make certain that the Treasurer has received payment. If cash is paid, the Custodian receiving the money must write out a receipt on letterhead stationary for the requesting party. The fees must be the cost of the copying if in paper, the cost of a flash drive or similar electronic device, and if applicable the cost of mailing the requested material to the requestor.
9. The Custodian of Records must note the following on the received written request to receive copies of the files:
� Date of the copying.
� Start time of the copying.
� Completion time of the copying.
� Sign and date the request by both the Requestor and the Custodian. If mailed, it must be a receipt request to prove that the request was satisfied.
10. The Board member must complete the following activities:
� Once the requestor has left the building if present, the Custodian must unlock the cabinet and re-file all the documents. The Custodian is responsible for relocking the cabinet and relocking the office.
� File the competed request under �CORA Requests to Review Records�.
� Notify all Board members of the review no later than the next scheduled Board meeting.
Note: A research and retrieval fee may be charged at a rate not to exceed $30.00 per hour after the first hour.
Note: The information provided below has been extracted from the SDA website and was written as an example by the law firm of Collin, etc. It has been utilized as legal support for the policy established by the NCFPD.
_________________________________________________________________________________________
POLICY ON RESPONDING TO OPEN RECORDS REQUESTS
The District (the �District�) Board of Directors fully supports, and complies with, all Federal and State laws relating to the retention, protection and disclosure of District records including, but not limited to, the Colorado Open Records Act, Title 24, Article 72, Part 2, C.R.S. (�CORA�), the Health Insurance Portability and Accountability Act of 1996 (�HIPAA�), and the Privacy Rule promulgated by the U.S. Department of Health and Human Services which interprets and implements HIPAA.
It is the policy of the District that all public records shall be open for inspection by any person at reasonable times, except as otherwise provided by law. Public records are defined by CORA as all writings made or maintained by the District, regardless of the format or medium of the records, subject to certain exceptions. Public records expressly include e-mail communications. The District maintains an archive of all e-mail messages for emergency backup purposes only; such archived e-mail communications are not individually retrievable and are specifically not intended to create a public record. By action of the Board of Directors of the District, the (insert title of custodian here) is hereby designated as the official Custodian of Records responsible for the maintenance, care and keeping of all records of the District. The official Custodian of Records shall have authority to designate such agents as he/she shall determine appropriate to perform any and all acts necessary to enforce and execute the provisions of this policy. Upon receipt, requests by a citizen, entity, Federal or State agency, District member, subpoena, Administrative or Court Order, or other legal process, to inspect and/or copy any District record (collectively referred to as a �Records Request�) should be immediately sent to the Custodian of Records.
The following are general policies concerning the release of records:
1. Every Records Request shall be submitted to the District�s Custodian of Records in writing and be specific as to the information desired.
2. If any question arises as to the propriety of fully complying with a Records Request, the Custodian of Records shall immediately forward it to the District�s legal counsel.
3. The District�s legal counsel shall determine the District�s obligations under the applicable Federal and/or State law(s). If the District is permitted to comply with the Records Request in whole or in part, the District�s legal counsel will so notify the District�s Custodian of Records, who will assemble the disclosable requested documents for inspection and/or copying in accordance with applicable Federal or State law.
4. If the District�s legal counsel determines the District is not permitted by Federal or State law to comply with the Records Request in whole or in part, legal counsel shall provide a written response to the party submitting the Records Request stating the legal basis upon which the Records Request in whole or in part is being denied.
5. The Custodian of Records may set the time during normal office hours and the place for records to be inspected and require that the Custodian of Records or a delegated employee be present while the records are examined. Pursuant to CORA, all records must be made available for inspection within three (3) working days, unless extenuating circumstances exist. The deadline may be extended by seven (7) working days if extenuating circumstances exist and the requesting party is notified of the delay within the statutory period.
6. A person granted the right to inspect District records will also be furnished copies requested at a cost not to exceed $.25 per page in standard size and format. The charge for providing a copy, printout or photograph of a public record in a format other than a standard page will be assessed at the actual cost of production. Additionally, in those cases where the location or existence of specific documents must be researched and the documents must be retrieved, sorted or reviewed for applicability to the request, and such process requires one or more hours of staff time, the District may charge a research and retrieval fee not to exceed $30 per hour, and no charge shall be made for the first hour of time expended in connection with the research and retrieval of public records. Any fee charged for the research and retrieval will be the same for all requesting parties, whether the person requesting the records is an individual, a representative of the media, a public or private entity, or a for-profit or non-profit entity.
7. Upon request for records transmission by a person seeking a copy of any public record, the custodian will transmit a copy of the record by U.S. Mail, other delivery service, facsimile, or electronic mail. No transmission fees will be charged to the records requester for transmitting public records via electronic mail. Within three days of receiving the request, the custodian will notify the record requestor that a copy of the record is available but will only be sent to the requestor 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, unless recovery of all or any portion of such costs or fees has been waived by the custodian. The custodian will include an estimate of the costs and fees that will be charged.
8. When practical, the copy, printout, or photograph of the requested record will be made in the place where the record is kept, but if it is impractical to do so, the Custodian of Records may allow arrangements to be made for the copy, printout, or photograph to be made at other facilities. If other facilities are necessary, the cost of providing requested records will be paid by the person making the request.
This policy shall supersede any previous policy related to records requests.