Public records policy

by prpete | September 14, 2014 4:50 pm

Effective March 9, 2023 via Resolution 5 Series 2023:

The Town of Mancos assures prompt and equitable service to citizens requesting access to public records, including those records created by electronic mail, in accordance with the requirements of C.R.S. 24-72-205.

This policy does not apply to criminal justice records.

To access a copy of the Request for Records, you will need Adobe Reader to view this file.

The Town of Mancos makes all records available for public inspection unless such records are protected from disclosure by state or federal stature, by court order, or unless disclosure of such records would be contrary to the public interest.

All requests for public records need to be made in writing to the custodian, and once made will not be verbally altered by the requestor.

The custodian shall transmit a copy of the record by United States mail, other delivery service, facsimile, or electronic mail.

In the case of a written request made in person, the custodian will either provide the records to the requestor or set a date, time, and on-site location where the records can be inspected or provided. The date will be within three (3) working days of the date the request was made, unless provided otherwise by the Colorado Open Records Act, where applicable law allows for a greater period of time.

In the case of a mailed or telefaxed request, the custodian will respond within three (3) working days. Such period may be extended if extenuating circumstances exist but the extension period will not exceed seven (7) working days from the date the request is made, unless provided otherwise by the Colorado Open Records Act, where applicable law allows for a greater period of time. Extenuating circumstances cannot apply to a request that relates to a single, specifically identified document.

The record will only be sent to the requester 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.

Upon either receiving such payment or making arrangements to receive such payment at a later date, the custodian shall send the record to the requester as soon as practicable but no more than three business days after receipt of, or making arrangements to receive, such payment. If the custodian does not have facilities for making a copy, printout, or photograph of a record that a person has the right to inspect, the person shall be granted access to the record for the purpose of making a copy, printout, or photograph. The copy, printout, or photograph shall be made while the record is in the possession, custody, and control of the custodian thereof and shall be subject to the supervision of the custodian. When practical, the copy, printout, or photograph shall be made in the place where the record is kept, but if it is impractical to do so, the custodian 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 them shall be paid by the person desiring a copy, printout, or photograph of the record. The custodian may establish a reasonable schedule of times for making a copy, printout, or photograph and may charge the same fee for the services rendered in supervising the copying, printing out, or photographing as the custodian may charge for furnishing a copy, printout, or photograph below,

It the Town must perform a manipulation of data so as to generate a record in a form not used by it, a reasonable fee may be charged to the person making the request. Such fee shall not exceed the actual cost of manipulating the said data and generating the said record in accordance with the request. Persons making subsequent requests for the same or similar records may be charged a fee not in excess of the original fee.

Electronic Records and Electronic Communications:

Records stored on electronic, magnetic or optical disk, on tapes, microfilm, and microfiche, are considered public records and open to disclosure. After receiving a written request for records stored in any of the aforementioned media, the custodian may take any measures necessary, in the custodian’s opinion, to assist the public in copying or inspecting any specific public record(s); including but not limited to: providing portable disk copies or computer files, providing direct electronics access via on-line bulletin boards or other means, providing hard copy printouts, or providing the requested records in any other format deemed appropriate by the custodian.

Please note that correspondence of any employee, which is in the form of electronic mail, may be a public record under the public records law and may be subject to public inspection.

Fees and Charges:

Where the fee for a certified copy or other copy, printout, or photograph of a record is specifically prescribed by law, the specific fee shall apply.

The custodian will charge for any copies, printouts, or photographs requested. A custodian may charge a fee not to exceed twenty-five cents per standard page for a copy of a public record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a public record in a format other than a standard page.

No fee will be charged for the first four standard sized pages, per requester, annually. (Standard sized page will be considered 8 ½ x 11). Each standard page after that will be charged at $1.00 per page. The custodian will also charge a fee for any manipulation of data needed to generate a record in a form not used by the Town of Mancos. This fee will not exceed the actual cost of manipulating said data and generating the record. Persons making subsequent request for the same record will be charged the same fee.

If the public record is 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. Such fee may be reduced or waived by the custodian if the electronic services and products are to be used for a public purpose, including public agency program support, nonprofit activities, journalism, and academic research. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated.

The custodian shall not impose a charge for the first hour of time expended in connection with the research and retrieval of public records. After the first hour of time has been expended, the custodian may charge a fee for the research and retrieval of public records that shall not exceed thirty dollars per hour.  This fee will increase in accordance with the following:  On July 1, 2019, and by July 1 of every five-year period thereafter, the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the maximum hourly fee specified above in accordance with the percentage change over the period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. This amount is posted on the website of the general assembly.

Additionally, the custodian will charge a fee for providing copies of electronically stored public records. 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.

The Town will respond to requests for providing, upon written request, a copy, disk, or printout.

The Town will not allow inspection of electronically stored public records by access to a computer terminal or the use of a private terminal connected to the Town’s on the Internet.

The custodian has  authority to waive all  fees and charges.

The standard fees and charges for the Town of Mancos public records are as follows:

Photocopies Price
8 ½” x 11″ .25¢
8 ½” x 14″ .35¢
11″ x 17″ .50¢

FAX Copies:

Duplication of Audio Tapes:

Verbatim Transcripts of Proceedings:

**NOTE: The deposit will be applicable to the total cost of the transcription.

The Town of Mancos does not charge for:

No transmission fees will be charged to the record requester for transmitting public records via electronic mail, but other fees associated with the request will be charged as provided herein.

Denial of inspection: Access to public records may be denied in accordance with the provisions of the Colorado Open Records Act. Reasons for denial of access to public records will be noted in writing on the public records request form and provided in a letter to the requestor.

 

 

 

Source URL: https://www.mancoscolorado.com/government/public-records-policy/