HomeMy WebLinkAboutR24-048 Adopting the Eagle County Open Record Act Policy Docusign Envelope ID:72333DD7-74BC-4C83-8346-7D048832B9D2
Commissioner chandl e r-Hen oved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2024- 048
RESOLUTION ADOPTING THE EAGLE COUNY
COLORADO OPEN RECORD ACT POLICY
WHEREAS,the Eagle County Board of County Commissioners (the"Board")
desires that all public records be open to inspection at reasonable times, except as provided
by the Colorado Open Records Act, C.R.S. § 24-72-201 et seq., as may be amended from
time to time(the "Act"), or as otherwise specifically provided by law; and
WHEREAS,the Act authorizes Eagle County(the "County") to make rules and
regulations regarding the disclosure and inspection of public records; and
WHEREAS,the County previously adopted a policy pursuant to the Act for use by
members of the public requesting public records, and for use by County staff in responding to
such requests; and
WHEREAS, the Board now desires to update the policy to increase the fee for the
research and retrieval of public documents and to include other changes allowed pursuant to
the Act.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT,the Board hereby approves the Eagle County Government Open Records Act
Policy, attached hereto as Exhibit A (the"Policy).
THAT, the Policy is effective upon its adoption and hereby supersedes and replaces
any previous policy adopted by the County pursuant to the Act.
THAT,the Board hereby finds, determines and declares that this Resolution is
necessary for the public health, safety and welfare of the residents of the County of Eagle,
State of Colorado.
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Docusign Envelope ID:72333DD7-74BC-4C83-8346-7D048832B9D2
MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 6th day of August, 2024.
c — DocuSigned by:
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COLORADO, By and Through Its
�,.0„,,� BOARD OF COUNTY COMMISSIONERS
ATTEST: DocuSigned by: DocuSigned by:
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Clerk to the Board of Matt Scherr
County Commissioners Chair
DocuSigned by:
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Jeanne McQueeney
Commissioner
DocuSigned by:
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KathyktAAPI
ender-Henry
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Scherr Aye
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of the
County of Eagle, State of Colorado
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EXHIBIT A
Eagle County Government
Colorado Open Records Act Policy
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1111114!4:110 EAGLE COUNTY GOVERNMENT
COLORADO OPEN RECORDS ACT POLICY
EAGLE COUNTY
I. PURPOSE
It is the policy of the Eagle County Board of County Commissioners ("Board of County
Commissioners") that all public records shall be open to inspection by any person at reasonable
times, except as provided by the Colorado Open Records Act (the "Act"), or as otherwise
specifically provided by law. In all cases where a person has the right to inspect a public record,the
person may request a copy, printout or photograph of the record.
The Act authorizes a custodian of records to make rules and regulations regarding the disclosure
and inspection of public records as are reasonably necessary for the protection of the records and
the prevention of unnecessary interference with the regular discharge of the duties of the custodian
or the custodian's office. Consequently, it is important that all requests be carefully evaluated to
determine what records can be provided to the requesting party in compliance with Colorado law.
The purpose of the Eagle County Open Records Policy (the "Policy") is to set forth a general
guideline for use by persons requesting public records,and for use by Eagle County(the"County")
staff in responding to such requests. In addition to this Policy, the custodian in any County
department may, following approval by the County Manager, establish a more specific policy as
may be necessary under certain circumstances for the protection of particular records and for the
prevention of unnecessary interference with the regular discharge of the duties of the custodian.
Elected officials may also develop their own policies and procedures regarding public records in
their custody. For example, the Eagle County Clerk and Recorder's office has a specific policy
dealing with requests for ballots when made in proximity to elections.
This Policy and the fees set forth herein shall apply to all requests for public records except where
a County department or an elected official-has established a specific policy for the protection of
particular records and which modifies or eliminates the established fees. In the event of a conflict
between this Policy and the specific policy of a County department or an elected official with
regard to the fees which can be charged by the County when responding to a request for records,
the higher amount will apply.
To the extent the County has custody of any public records of an elected official, the County will,
in consultation with that elected official, meet any requirements of the Act as may apply to
documents in the County's possession. See Section III.A.5,below, for a list of the departments or
elected officials who have specific statutes which pertain to their records.
This Policy is subject to interpretation by the Eagle County Attorney's Office, and exceptions
may be made in individual circumstances in its sole discretion. As Colorado law changes, this
Policy and process will be amended. For the complete Act,see C.R.S. § 24-72-201 et seq.
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II. DEFINITIONS
The definitions contained in C.R.S. § 24-72-201 et seq., as amended from time to time, shall
apply to this Policy unless the context clearly requires a different meaning. Two definitions of
particular relevance are set forth below:
• "Public Records" means and includes "all writings made, maintained, or kept by . . . any
political subdivision . . . for use in the exercise of functions required or authorized by law
. . . or involving the receipt or expenditure of public funds." C.R.S. § 24-72-202(6).
• "Writings" means and includes "all books, papers, maps, photographs, cards, tapes,
recordings or other documentary materials, regardless of physical form or characteristics.
Writings' includes digitally stored data, including without limitation electron
ic mail
messages,but does not include computer software." C.R.S. § 24-72-202(7).
III. PROCEDURE
The following procedure shall apply to all open records requests, except where a more specific
policy of a County department or an elected official controls. Please review this Policy in its
entirety before submitting an open records request.
A. Records Requests
1. Form. An open records request shall be in writing on the County Records Request
Form that you can download and email (referred to as the "Form"). The written request shall
contain at least the following information:
• the requestor's name;
• name of organization, if any;
• mailing address or email address;
• phone number; and
• a concise detailed description of the records requested.
Eagle County devised the Form to ensure all required information is provided to assist in
the efficient and timely handling of records requests. Requests not made on the Form will be
rejected. If a request is made verbally,the requestor will be asked to put his/her request on the
Form. As a general rule, the more specific the request, the more likely the custodian will be able
to locate available records that respond to the request, and the more likely fees will be less. For
any request that is broad or vague, the custodian may require the requestor to provide a more
specific request. A copy of or link to the Form is located on the Eagle County CORA webpage
found in the Open Eagle County tab at www.eaglecounty.us/government/open_records_act.php.
Or you may contact the County Attorney's Office for a paper Form.
2. Submission. An open records request Form shall be submitted by email to
coraga,eaglecounty.us where it will be redirected to the appropriate Eagle County department
records custodian. The County will not require a requester to provide any form of identification
unless otherwise required by law.
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3. Transmission to Eagle County Records Custodian. Upon receipt of a written request
for records, the recipient shall note the date it was received and shall immediately email a copy of
the request to the custodian of the records in the applicable department. Department heads are the
official custodians of all records maintained within their departments. The Eagle County Clerk
and Recorder is the official custodian of all records recorded in the grantor/grantee index
maintained by that Office. The request may be assigned to an attorney for review and determination
as to whether the requested records are(a)not subject to disclosure; (b) subject to disclosure which
requires redaction of certain information; or (c) subject to full disclosure. The County Attorney's
Office will notify the custodian as to the appropriate response, and the custodian of records, or his
or her designee, will compile the available records and produce the responsive requested records
County Attorney's Office for response.
4. Location of Records. Eagle County has made a considerable effort to be transparent
to its constituency by making an abundance of records available for review on the website. The
Eagle County CORA webpage provides a number of links. Additionally, the Board of County
Commissioners' and Planning Commissions' webpages provide links to their meeting
information.
As to records not readily available on the Eagle County website, if the public records
requested are not in the custody or control of the department or person to whom the request is made,
the custodian shall immediately notify the assigned attorney so that he/she can notify the requestor
of this fact,in writing. The notification shall state in detail to the best of the custodian's knowledge
the reason the records are not in the custody or control of the particular department; the location of
the records; and/or what person/department has custody or control of the requested records. C.R.S.
§ 24-72-203(2)(a). If the custodian has custody of correspondence sent to or received by an elected
official, the custodian shall consult with the elected official and the assigned attorney prior to
allowing inspection of the correspondence for purposes of determining whether the correspondence
is a public record. C.R.S. § 24-72-203(2)(b).
5. Additional Rules Affecting Other Departments. Please be advised that the following
offices and departments handle open records requests directed to their particular departments, and
additional laws and regulations may pertain to their records.
• Eagle County Sheriff's Office. Requests for records maintained by the Sheriff's
Office should be submitted in writing to: 0885 E Chambers Avenue, P.O. Box
359, Eagle, CO 81631; fax: (970) 328-1447. Criminal justice records are
governed by the Criminal Justice Act, C.R.S. § 24-72-301, et seq.
• Eagle County Department of Human Services ("DHS"). Requests for records
maintained by and the Department of Human Services should be submitted in
writing to: 551 Broadway, P.O. Box 660, Eagle, CO 81631; fax: 855-848-8828.
Department of Human Services records are subject to additional legal protections
under state and federal law. Please contact DHS to inquire about particular forms
which DHS may utilize for document requests.
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B. Timing for Access to or Production of Public Records
In all cases in which a person has the right to inspect a public record, the person may
request a copy, printout or photograph of the record. Physical inspection of available records is
not required, and a requestor may decide an inspection is not necessary when he/she knows with
certainty what records it wants produced and copied. However, there may be other situations in
which a requestor wants to inspect available records in advance of or in lieu of receiving copies.
When it is possible for a requestor to inspect public records in advance of or in lieu of receiving
copies, and it is possible to permit inspection without creating a copy or printout of the public
record, County staff will facilitate such inspection. Otherwise, County staff shall furnish a copy,
printout or photograph as set forth herein and may charge a fee as set forth in Section III.D.,below.
To assist County staff in responding to a request, a requestor should state in its request whether it
wants to schedule an inspection of available records, or whether it wants copies of available
records in lieu of inspection. County staff shall furnish a copy, printout or photograph as set forth
herein and may charge a fee as set forth in Section III. D., below.
1. Time for Inspection or Production of Records—Three(3)Working Days.If records
are available pursuant to C.R.S. § 24-72-201,the requestor will be notified as to the date when the
requested records will be available for inspection or production. The typical time for inspection or
production of available records shall be three(3) working days beginning on the first working day
after a request which complies with the requirements of Section III.A.1 above is received. If the
requested records are in the custody and control of the person to whom the request is made but are
in active use, in storage, or otherwise are not readily available at the time the requestor asks to
examine them or requests copies of them, the requestor will be notified of this fact in writing.
2. Seven Working Day Extension of Time. The three-working day period of time for
inspection or production of records may be extended for an additional seven (7) working days if
the CountyAttorney's Office determines that extenuating circumstances exist which prevent the
inspection or production of available records within the initial three-working day period described
above. The requestor shall be notified in writing of the basis for the extenuating circumstances and
the resulting extension within the initial three-working day period. An extension of time is not
available for a request that relates to a single, specifically identified document. C.R.S. § 24-72-
203(3)(b).
Extenuating circumstances shall be found to exist when:
• A broadly stated request is made that encompasses all or substantially all of a large
category of records and the request is without sufficient specificity to allow the
custodian reasonably to prepare or gather the records within the initial three-
working day period; or
• A broadly stated request is made that encompasses all or substantially all of a large
category of records and the agency is unable to prepare or gather the records within
the three-working day period because the agency needs to devote all or
substantially all of its resources to meeting an independent deadline or period of
peak demand that is either unique or not predicted to recur more frequently than
once a month; or
• A request involves such a large volume of records that the custodian cannot
reasonably prepare or gather the records within the three-working day period
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without substantially interfering with the custodian's obligations to perform his or
herother public service responsibilities.
If a request is too broad, speculative or voluminous to respond to within ten (10) working days
(initial three days plus seven-day extension), the County may request relief from the Court,
including attorney's fees as provided for by law.
C. Inspection and Copying of Records
P PY g
1. Inspection. If the requestor wishes to inspect available records in advance of or in lieu
of purchasing copies of such records, such inspection shall be by appointment only during normal
business hours (Monday—Friday, 8:00 a.m. —5:00 p.m.) at the office of the custodian of records,
unless the County Attorney's Office deems it appropriate for the inspection to take placein another
County department. The original records shall not be removed from the custodian's office.
2. Electronic Records Inspection. When records are paperless and not accessible from
public online websites or public work stations,including but not limited to electronic mail and other
digitally stored data, inspection without printing out copies is not possible. In such cases, the
requestor will be informed and can opt for print out copies and will be charged a fee as set forth in
Section III.D., herein.
3. Copies of Records. Upon request for records by a person seeking a copy of any public
record subject to disclosure, county staff shall transmit a copy of the record by U.S. Mail unless the
copy is available in digital format in which case it will be transmitted via electronic mail or by other
mutually agreed upon transmission method if the size of the record is too large to be transmitted by
electronic mail. Any digitally available copy that is available in a searchable format will be
transmitted in a searchable format and will not be converted to a non-searchable format before
transmission if technologically feasible. Within three (3) working days beginning on the first
working day after a request which complies with the requirements of Section III.A.1 above is
received, county staff shall notify the requestor that copies of the records subject to disclosure are
available,but that the records will only be sent to the requestor once county staff receives payment
for all costs associated with records 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 receiving payment in
full, the custodian shall send the available record(s) to the requestor as soon as practicable, but not
more than three(3)working days after receipt of full payment. C.R.S. § 24-72-205. In the event the
requestor conducts an inspection as set forth above and requests copies of available records at the
time of such inspection, the requestor must mark with tabs or clips the pages that he or she wants
copied. Copies may be made at a later date and time,based on volume and staff availability. In such
case, the requestor will be notified when the copies are available for pick-up. Copies of available
records may be also be transmitted as set forth herein upon request.
4. Outside Copiers or other Devices. If the custodian determines that it does not have
the facilities for making a copy, printout or photograph of a record that a person has a 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. The custodian may establish a reasonable schedule of times for making a copy,
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printout or photograph, and may charge the same fee for the services rendered insupervising the
copying,printing out or photographing as the custodian may charge for furnishing a copy,printout
or photograph under Section III.D.1. hereof.
D. Fees for Inspection and Copying of Records
A substantial amount of public records related to Eagle County are available for review
free of charge on the County website. These records include, but are not limited to budgets,
agendas, minutes of the meetings of the Board of County Commissioners, parcel maps,
resolutions, contracts and other information.
Where a person wants to inspect and/or request copies of available records,the following
fee schedule shall apply.
1. Copy, printout or photograph.
• The fee for a copy, printout or photograph shall be $0.25 per standard page(8 '/2 x
11). For documents in non-standard format (larger than 8 `/2 x 11), the actual cost
of providing a copy, printout or photograph of the record will be charged. For
example, at this time, the cost of a 2'x3' sheet is $10.00. 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.
• In addition to the $0.25 per page fee, the requestor may be charged a reasonable
research and retrieval fee based on the actual cost of responding to the request,
including staff time of gathering, preparing, reviewing, redacting to excise
privileged material, and copying available documents. No fee will be imposed for
the first hour of time expended in connection with the research and retrieval. After
the first hour, a fee of $41.37 per hour will be charged for each additional hour
expended in connection with the research and retrieval. This amount maybe
p
increased whenever the director of research of the legislative counsel adjusts the
maximum hourly fee and posts the same on the website of the general assembly in
accordance with the provisions of C.R.S. § 24-72-205(6)(b), without the need to
amend this policy. Requestors should reference Eagle County's Open Records
webpage to confirm the most current hourly rate.
• In the case of a request for a computer printout (other than a document which can
• be printed via word processing) the fee 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.
2. Manipulation of Data. Please note that Eagle County is not obligated to manipulate
data in response to a request in order to generate a record in a form not used by the County.
However, if the County elects to do so in response to a specific request, the custodian may charge
the requestor a reasonable hourly fee associated with the request. The fee shall not exceed the
actual cost of manipulating the data and generating the record in accordance with therequest.
Persons making subsequent requests for the same or similar records may be charged afee not in
excess of the original fee.
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3. Transmission of Records. Upon request, and after receipt of payment in full for the
requested records, county staff may mail the requested copies of the records subject to disclosure
via U.S. Mail unless the copy is available in digital format in which case it will be transmitted via
electronic mail or by other mutually agreed upon transmission method if the size of the record is
too large to be transmitted by electronic mail. In such case,the requestor will be required to prepay
the cost of the mailing.No transmission fees will be charged to the record requestor for transmission
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of public records via electronic mail.
4. Notice of Fees. The requestor will be notified in advance of the types of fees outlined
above. If a request involves voluminous research or records, the requestor may wish to request an
estimate of the full cost to produce the records. The County will not commence work to assemble
a response to a request without prior written approval from the requestor. For requestsinvolving
voluminous research or records, a deposit of 50%of the estimated cost of the work will be collected
before work will start.
5. Payment. The County cannot bill for fees relating to open records requests. Full
payment for the applicable fees outlined above, including transmission fees, must be remitted to
the County before copies of the available records will be released to the requestor. Payment may
be made by check or debit/credit card, which may be made in person or via electronic payment
over the phone.A convenience fee of 2.5%with a minimum of$2.00 will be added on debit/credit
card transactions.
E. Denial of Inspection of Records
If inspection of public records is denied, the requestor may request a written statement of the
grounds for the denial. The statement shall cite the applicable section of the Colorado Open
Records Act, C.R.S. § 24-72-201 et seq,. as may be amended from time to time, which is the basis
for the denial and the statement shall be furnished forthwith to the requestor.
F. Closed Request
An open records request will be deemed closed under any of the following
circumstances:
1. Following Inspection. After records made available for inspection have beeninspected
by the requestor and no copies of the records are requested.
2. Copies Provided. After records are made available for inspection have been inspected
by the requestor and copies of the records have been provided consistent with this Policy.
3. Failure to Inspect or Pay. In the event a requestor does not make arrangements for
review of documents within ten(10)working days after being contacted by Eagle County for such
purpose, fails to appear for a scheduled review, fails to prepay a deposit for the cost of research
or records or fails to pay the total of all costs within ten (10) working days of notification of the
availability of records.
4. Request Closed. A person whose request has been closed under this Section F and
who still wishes to inspect the same records must submit a new request.
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