Purpose: the purpose of this policy is to assure prompt and equitable service to citizens requesting access to public records, regardless of the format of those records, in accordance with the requirements of C.R.S. 24-72-201 et. Seq.
Background: C.R.S. 24-72-202(6)(a) defines public record as “all writings made, maintained, or kept… by any local government-financed entity for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds” The definition of public records also includes the correspondence of elected officials, except to the extent that such correspondence is: 1) a work product, 2)without demonstrable connection to the exercise of functions required by law or administrative rule, 3) a communication from a constituent to an elected official that clearly implies by its content that the constituent expects that it is confidential in nature or subject to nondisclosure or 4)pursuant to procedures in C.R.S. 24-72-204(q) the material requested is not to be disclosed. Additionally, C.R.S.24-72-202(7) defines writings to include “all books, papers, maps photographs, cards, tapes, recording, or other documentary materials, regardless of physical form or characteristics. Writings include digitally stored data, including without limitation electronic mail messages, but do not include computer software.”
C.R.S. 24-72-203(1)(a) allows the official custodian of public records to make reasonable rules and regulations with reference to the copying and inspection of public records as necessary to protect the records and prevent unnecessary interference with the regular duties of the custodian.
Policy: It shall be the policy of Alamosa Mosquito Control District (AMCD) to make all records available for public inspection unless such records are protected from disclosure by state or federal law, by court order, or unless disclosure of such records would be contrary to the public interest.
All requests made under the Open Records Act shall be made in writing to the management staff at AMCD who are the Records Custodians. In the case of a request made in person, the custodian shall either provide the records to the requestor if the records are immediately available, or shall provide a response in writing within three (3) working days letting the requestor know the date, time and location where the records can be inspected, along with an estimate of the fees. In the case of a request received by U.S. Postal mail, email, or fax, the custodian shall respond within three (3) working days of receipt of the request. Such period may be extended if extenuating circumstances exist (per C.R.S. 24-72-203(3)(b)), but the extension period shall not exceed seven (7) additional working days. If a deposit is required, the request is not considered received until the deposit is paid.
Open Records requests are required to be in writing and made on the form provided by staff.
If a record contains both public and confidential material, AMCD is not required to redact confidential material in order to comply with a request for the record. However, the staff may agree to provide redacted records if the requestor pays the redaction fee as shown on the schedule below.
Electronic records and electronic communications: Records stored on electronic media are considered public records and open to disclosure. After receiving a written request for records stored in an electronic format, the custodian will notify the requestor of the most effective means of making these records available. This may include providing portable electronic media (disks or drives), referring the requestor to the District’s web site, providing hard copy printouts, or providing the requested records in any other format deemed appropriate by the custodians. Data manipulation fees may apply.
Please note that open records requests may be a public record under the public records law and may be subject to public inspection under C.R.S. 24-72-203 and the policy of Alamosa Mosquito Control District (AMCD).
Fees and Charges: Fees apply to all record requests, including paper and electronic records. Requests must be accompanied by a non-refundable deposit of one-half the estimated amount if the requestor lives within the boundaries of the District; or 100% of the estimated amount if the requestor lives outside the District. This deposit will be credited toward the total fee, and the total fee shall be paid prior to release of the requested records. In the event the deposit amount exceeds the actual costs, he balance shall be refunded within 30 days.
Each standard page will be charged at 25 cents per page. Non-standard sizes or color products will be charged at a rate specified below that represents the actual cost of production. Records provided electronically bay be charged at 25 cents per page. In addition, the requestor must pay any research and retrieval fee associated with producing the record in accordance with the schedule below. The custodians will also charge a fee for any manipulation of data needed to generate a record in a form or format that does not already exist. This includes redaction if needed. This also includes converting a proprietary file format into a standard format. This fee shall not exceed the actual cost of manipulating said data and generating the record. Persons making a subsequent request for the same record shall be charged the same fee.
The custodians will charge a fee for providing copies of electronically stored public records. The District will respond to requests for access to public records stored electronically and in computer databases by providing, upon written request, a copy of the file on portable electronic media, or a hard copy printout. The records may be provided to the requestor electronically if practical. The fee will be based on recovery of the actual incremental costs of providing the electronic services and products together with a portion of the costs associated with building and maintaining the information system.
Data kept by the District but not generated by a third party shall be charged at actual cost paid to the third party, subject to additional fees below if applicable. Fees and charges for reproduction of records shall be standard throughout the District for similar items. Department heads have the authority to waive such fees and charges when it is deemed in the best interest of the District to do so.