Policy on Responding to Open Records Request

The following are general policies concerning the release of records. Such policies may be amended from time to time. If a policy is determined to violate the Colorado Open Records Act, that provision shall be deemed void and unenforceable.

Policies and Procedures

1. Public Records Open to Inspection.  All public records of the District shall be open for inspection at the times designated in the District’s CORA Resolution unless prohibited by the provisions of CORA or policies adopted by the Board of Directors in conformance with CORA.
2.  Requirements.  Every request (a “Records Request” or “Request”) by a party (the “Requesting Party” or “Party”) to inspect and/or copy any District record (a “Record” or “Records”) shall be submitted to the District’s Official Custodian in writing and specify the requested information.
   1. The Official Custodian will not accept a Records Request made over the telephone or via social media.
   2. If not submitted to the Official Custodian, any District employee or Board Member who receives the Records Request may, but is not obligated to, send the Request to the Official Custodian. To assist the Official Custodian in responding to requests in a timely and complete manner, the Official Custodian may require records requests to be submitted on a form developed by the Official Custodian.
3. Scope of Disclosure.
   1. The Official Custodian may only disclose Records in the Official Custodian’s custody and control.
   2. The Official Custodian does not need to create a new Record to comply with a Request.
   3. If any question arises as to the propriety of fully complying with a Records Request, the Official Custodian will immediately forward the Request to the District’s legal counsel.
   4. After receiving the forwarded Request, the District’s legal counsel will consult with the Official Custodian as to whether it may disclose the requested Records.
4. Form of Disclosure. 
   1. A public record stored in a digital format that is neither searchable nor sortable will be provided in a digital format. The Official Custodian need not make such Record searchable or sortable before releasing the Record to the Requesting Party.
   2. A Record stored in a digital format that is searchable and/or sortable will be provided in such digital format, unless (1) the public record is in a searchable or sortable format and producing the Record in the requested format would violate the terms of any copyright or licensing agreement between the District and a third party; (2) producing the Record would result in the release of a third party’s proprietary information; (3) after making reasonable inquiries, it is not technologically or practically feasible to provide a copy of the Record in a searchable or sortable format; (4) if the Official Custodian would be required to purchase software or create additional programming functionality in its existing software to remove the information; or (5) the Official Custodian determines to provide the Record in a different format consistent with the provisions of CORA
5. Time and Cost Estimates; Deposit.  If a Records Request includes producible Records, the Official Custodian will estimate the time it will take to research, retrieve, and provide the requested Records as set out in Paragraph 8, and send the Requesting Party an estimate of the time and the amount of the required deposit (the “Deposit”) as set out in Paragraph 5(1). The Official Custodian may require a Deposit at his or her discretion. The Requesting Party must approve the estimate and submit the Deposit before the Official Custodian will begin compiling the Records. The Requesting Party must pay the costs of the Request in full before the Official Custodian will provide the Records.
   1. Deposit.  A Deposit will equal 50% of the estimated costs of research and retrieval of the Requested Records.
6. Time to Respond.  The Official Custodian will make every effort to respond to the Request within three working days as required by C.R.S. § 24-72-203(3)(b) after the Request is made or the estimate is approved and the Deposit is received, whichever is later. The three working days of response time begin on the first working day following receipt of the Request or approval of the estimate and receipt of the Deposit. A Request received on any non-working day will be considered as received the following working day. The District may add up to a seven additional working day extension of extenuating circumstances as described in C.R.S. § 24-72-203(3)(b). If an extension is required, the reasons will be given to the Requesting Party.
7. Abandoned Requests.
   1. If the Official Custodian attempts to contact a Requesting Party to clarify or discuss the scope of a Request and the Requesting Party does not respond within ten business days, the Request will be considered abandoned, and the Request will be automatically closed. The Requesting Party will then be required to submit a new Records Request.
   2. The Official Custodian will hold Records for no more than ten business days after the Requesting Party is notified that they are available for inspection or pick-up. Failure to pick up the Records within this time will be considered an abandoned Request, and the Request will be automatically closed.
8. Fees.
   1. Research and Retrieval Fee. Research and retrieval of Requested Records will be charged a fee of $41.37 per hour, including the development of a privilege log (if applicable), copies, a printout or photograph, and such other services as are authorized by law.  The first hour of time spent for research and retrieval will be without charge.
   2. Copying Fee. Physical copies of a Record may be provided at the cost of $.25 per standard page. Copies, printouts, and photographs of a Record in a format other than a standard page will cost the actual cost of production.

CORA Request Form

CORA Submission to Official Custodian