A RESOLUTION ADOPTING A PUBLIC RECORDS POLICY REGARDING THE INSPECTION OF PUBLIC RECORDS AND USE OF ELECTRONIC RECORDS AND SIGNATURES
WHEREAS, the Colorado Open Records Act (“Open Records Act”), as set forth in Section 24-72-200.1, et seq., C.R.S., as amended, requires all public records of political subdivisions of the State to be open for inspection by any person at reasonable times except as otherwise provided in the Open Records Act; and
WHEREAS, pursuant to Section 32-1-1001(1)(o), C.R.S., the District may authorize the use of electronic records or signatures and adopt rules, standards, policies and procedures for use of electronic records or signatures pursuant to Article 71.3 of Title 24, C.R.S.; and
WHEREAS, the Board of Directors (the “Board”) for Serratoga Falls Metropolitan District No. 2 (the “District”) desires to adopt a Public Records Policy regarding requests for the inspection of public records and use of electronic records and signatures (“Public Records Policy”), which Public Records Policy shall supersede any previous public records policy resolution adopted by the District.
NOW THEREFORE, THE BOARD OF DIRECTORS OF SERRATOGA FALLS METROPOLITAN DISTRICT NO. 2 HEREBY ADOPTS THE FOLLOWING PUBLIC RECORDS POLICY:
1. Definition of Public Records. The term “public records,” as used herein, shall have the same meaning given to such term in the Open Records Act.
2. Inspection of Public Records. All public records of the District shall be available for public inspection by any person at reasonable times as provided in the Open Records Act. All requests for public records shall be made in writing and submitted to the custodian of the District, and such requests shall comply with the requirements of the Open Records Act. The District shall appoint an official custodian of the District’s public records annually in its annual administrative matters resolution. The District and the custodian will comply with the requirements of the Open Records Act and any other federal or state laws 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.
3. Fees for Copies of Public Records. The custodian shall furnish copies, printouts or photographs of public records requested for a fee as follows:
a. Where the fee for a certified copy or other copy, printout, or photograph of a public record is specifically prescribed by law, the specific fee shall be charged. If a fee is not specifically prescribed by law, the custodian will furnish copies, printouts, or photographs of a public record for a fee of $0.25 per standard page. The custodian 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 custodian shall charge the actual costs that the custodian incurs in having the copies made off-site by an outside copying facility.
b. If, in response to a specific request, the custodian performs a manipulation of data so as to generate a record in a form not used by the District, an administrative fee of $30.00 per hour shall be charged the person or entity making the request. An individual or entity making a subsequent request for the same or similar records shall be charged the same fee.
c. If the amount of time required by the custodian to research and retrieve the public records necessary to fulfill a specific records request exceeds one 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 $30.00 per hour. Such fee shall be automatically adjusted, without further approval by the District, to such amount established by the State Director of Research of the Legislative Council from time to time. The District will not impose a charge for the first hour of time expended in connection with the research and retrieval of public records. This imposition of this fee shall be effective upon the publishing of this Public Records Policy in accordance with the Open Records Act.
d. In the event a public record must be scanned and saved electronically prior to transmitting the public record via electronic mail to the requestor as provided in Paragraph 4 hereof, the requestor shall be charged fifteen cents ($0.15) per scanned page unless otherwise waived by the custodian.
4. Transmission of Copies of Public Records. Upon request for transmission of a copy of a public record, the custodian 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 custodian will notify the record requester that a copy of the public record is available, but will be sent only when the custodian 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 via electronic mail. Upon receiving such payment or making arrangements to receive such payment at a later date, the custodian shall send the public record to the requestor as soon as practicable not no more than three business days after receipt of, or making arrangements to receive, such payment.
5. Electronic Records and Signatures. Pursuant to Section 32-1-1001(1)(o), C.R.S., the Board hereby authorizes the use of electronic records and electronic signatures relating to any transaction pursuant to which the District is a party. The use of electronic records and electronic signatures in a transaction shall be governed by the Uniform Electronic Transaction Act (“UETA”), as set forth in Section 24-71.3-101 et seq., C.R.S., as amended.
a. The term “electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means. The term “electronic signature means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The term “transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, charitable or governmental affairs, except as otherwise provided by the UETA.
b. The use of electronic records and signatures is authorized in transactions between and among the District and third parties (collectively, the “Parties”) that have agreed to conduct transactions by electronic means. Whether the Parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the Parties’ conduct.
c. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
d. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
6. Conflicts. In the event a conflict arises between a provision set forth in this Public Records Policy and the Open Records Act, or this Public Records Policy and any other federal or state law, the federal or state law provision shall control and this Public Record Policy shall be deemed amended to comply with all federal or state law provisions without further action by the Board.
7. Amendments to Public Records Policy. The Board may further amend this Public Records Policy from time to time as the Board deem necessary.
8. Effective Date. This Resolution shall take effect on the date and at the time of its adoption, and any previously adopted public records policies adopted by the District shall be void and no longer in effect.