A RESOLUTION SUPERSEDING 2014-4 ESTABLISHING ACCESS

TO PUBLIC RECORDS, POLICIES AND PROCEDURES

 

WHEREAS, Colorado Open Records Act, C.R.S. 24-2-201 et seq. (“CORA”) establishes policies and procedures to assure prompt and equitable service to citizens requesting access to public records, regardless of the format of those records, and

 

WHEREAS, CORA authorizes the establishment of general procedures and reasonable and standardized fees for producing copies of and information from Town-maintained records, and

 

WHEREAS, all public records shall be defined as all writings made, maintained, or kept by the Town of Holly for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds. Public records includes the correspondence of elected officials, except to the extent that such correspondence is A) a work product, B) without a demonstrable connection to the exercise of functions required or authorized by law or administrative rule and does not involve the receipt or expenditure of public funds, C) a communication from a constituent to an elected official that clearly implies by its nature or content that the constituent expects that it is confidential in nature or subject to nondisclosure or D) pursuant to procedures in C.R.S. 24-72-204 (1) the material requested is not to be disclosed. Additionally, C.R.S. 24-72-202 (7) defined writings to include “all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials, regardless of physical form or characteristics. Writings include digitally stored data, including without limitation electronic mail messages, but does not include computer software.”, and

 

WHEREAS, the Town of Holly’s website has a “Public Records Request” form to be completed and returned with any monetary costs associated with said request, prior to any research being done.

 

THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF HOLLY, COLORADO:

 

Section 1: It shall be the policy of the Town of Holly to make public records available to inspection by any person at reasonable times as set forth in the CORA, C.R.S. 24-72-201, et seq., unless specifically exempted from inspection by the Act or other Colorado law. This policy does not apply to criminal justice records.

 

Section 2: Standard Fees and Charges are as follows:

Photocopies or printouts (standard black and white page): $.25 for 8 ½” x 11”,

$.50 for any other size, additional $.75 per each size when color.

Fax documents: $.50 per page for domestic calls.

Document certification: $5.00 per document (in addition to per page copy charge).

Duplication of audio or video files to disk: $20.00 per disk.

Duplication of audio or video files to portable drive: $40.00 per drive.

Publications produced by the Town of Holly: Price varies, will be established based on production cost.

Transcriptions prepared by third party transcribers: Actual cost incurred.

Research, Retrieval and Data Manipulation Fees: $37.50 per hour (time required in excess of one hour) *first hour of time expended is free of charge*

 

PASSED AND APPROVED THIS 4th DAY OF SEPTEMBER, 2024.

 

/s/ Larry Sitts, Mayor

 

ATTEST:

 

/s/ Cynthia S. Humrich, Clerk/Treasurer