4-WAY COMMERCIAL 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, 4-Way Commercial 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, 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 (as defined in CORA) 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 4-WAY
COMMERCIAL 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 Official Custodian or his or her designee. Upon the receipt of a written
request to inspect Public Records, the Official 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 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 Official Custodian.
If the Public Records requested are not in the custody or control of the Official Custodian,
the Official 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.
The notification shall state in detail to the best of the Official 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 Official 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 Official 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 Official 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 Official Custodian. Upon receipt
of such payment, the Official 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 Official 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. No per-page fee may be charged when the District’s Public Records are provided
in a digital or electronic format;
b. When the format is other than a standard page, the fee shall not exceed the actual
cost of providing the copy, printout, or photograph;
c. 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;
d. 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;
e. If, in response to a specific request, the District has performed a manipulation of
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
f. 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 Official 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 or his or her designee may charge a
research and retrieval fee of $33.58 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. If the District allows the public to pay for other services or products provided by
the District with a credit card or other electronic payment method, the District shall allow
the person requesting inspection of the Public Records to pay any fees or deposit associated
with a record request via a credit card or other electronic payment method. In addition to
the fees set forth in Paragraphs 4 through 7 above, the Custodian or his or her designee
may also charge any service charge or fee imposed by the processor of a credit card or
electronic payment.
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.
By: Patrick J. Stephens
Official Custodian of Public Records
4-Way Commercial District