Chapter 2.50 PUBLIC RECORDS MANAGEMENT

Chapter 2.50
PUBLIC RECORDS MANAGEMENT

Sections:

2.50.010 Adoption of access to public records as local policy.

2.50.020 Incorporation of state law.

2.50.030 Definitions.

2.50.033 Public agency further defined.

2.50.040 Right to inspect and copy public agency records – Prohibitions.

2.50.050 Law enforcement records and information.

2.50.051 Inspection of law enforcement recordings.

2.50.053 Retention of law enforcement recordings.

2.50.060 Denial of disclosure and related matters.

2.50.070 Public records which are not disclosable and which are disclosable.

2.50.075 Partially disclosable records – Computer or microfilm records – Fees.

2.50.080 Duty to protect and preserve public records.

2.50.090 Authority to collect fees and charges.

2.50.100 Fees schedule – Document reproduction – Certification.

2.50.110 Billing and waiver of charges authorized.

2.50.120 All charges belong to municipality.

2.50.130 Unauthorized fees prohibited.

2.50.010 Adoption of access to public records as local policy.

The town council, as the legislative body of the municipality, hereby finds, determines and declares:

(A) A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master. Accordingly, it is the public policy of this municipality that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. Providing persons with the information is an essential function of a representative government and an integral part of the routine duties of public officials and employees, whose duty it is to provide the information.

(B) This chapter incorporates the provisions of IC 5-14-3 et seq., as amended from time to time, and shall be construed according to the policy and construction of that statute.

(C) The burden of proof for nondisclosure of a public record by a public agency shall be imposed on the public agency that would deny access to the record, and not on the person seeking to inspect and copy the record. [Ord. 1151 § 1, 2000. Code 2000 § 34.01].

2.50.020 Incorporation of state law.

In order to support the effective organization and efficient administration of the public records, documents and materials of the municipality, including all of its executive departments and agencies over which the town council may exercise jurisdiction, as well as carry out the collection of service charges, the provisions of IC 5-14-3 et seq., as may be amended from time to time, are hereby adopted and incorporated by reference, effective upon the municipality as if its provisions were expressly set forth herein, and pursuant to the directive of IC 36-1-5-4, two copies of the relevant chapter of the code are on file in the office of the clerk-treasurer, where they shall be available for public inspection. [Ord. 1151 § 1, 2000. Code 2000 § 34.02].

2.50.030 Definitions.

(A) As used in this chapter, the following terms are defined as follows:

“Copy” includes transcribing by handwriting, photocopying, xerography, duplicating machine, duplicating electronically stored data onto a disk, tape, drum, or any other medium of electronic data storage, and reproducing by any other means.

“Criminal intelligence information” means data that has been evaluated to determine that the data is relevant to:

(1) The identification of; and

(2) The criminal activity engaged in by;

an individual who or organization that is reasonably suspected of involvement in criminal activity.

“Direct cost” means 105 percent of the sum of the cost of:

(1) The initial development of a program, if any;

(2) The labor required to retrieve electronically stored data; and

(3) Any medium used for electronic output, for providing a duplicate of electronically stored data onto a disk, tape, drum, or other medium of electronic data retrieval under IC 5-14-3-8(g), or for reprogramming a computer system under IC 5-14-3-6(c).

“Electronic map” means copyrighted data provided by a public agency from an electronic geographic information system.

“Enhanced access” means the inspection of a public record by a person other than a governmental entity and that:

(1) Is by means of an electronic device other than an electronic device provided by a public agency in the office of the public agency; or

(2) Requires the compilation or creation of a list or report that does not result in the permanent electronic storage of the information.

“Facsimile machine” means a machine that electronically transmits exact images through connection with a telephone network.

“Inspect” includes the right to do the following:

(1) Manually transcribe and make notes, abstracts, or memoranda;

(2) In the case of tape recordings or other aural public records, to listen and manually transcribe or duplicate, or make notes, abstracts, or other memoranda from them;

(3) In the case of public records available:

(a) By enhanced access under IC 5-14-3.5; or

(b) To a governmental entity under IC 5-14-3(c)(2); to examine and copy the public records by use of an electronic device.

(4) In the case of electronically stored data, to manually transcribe and make notes, abstracts, or memoranda or to duplicate the data onto a disk, tape, drum, or any other medium of electronic storage.

“Investigatory record” means information compiled in the course of the investigation of a crime.

“Patient” has the meaning set out in IC 16-18-2-272(d).

“Person” means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity.

“Provider” has the meaning set out in IC 16-18-2-295(a) and includes employees of the state Department of Health or local boards of health who create patient records at the request of another provider, or who are social workers and create records concerning the family background of children who may need assistance.

“Public agency,” except as provided in IC 5-14-3-2.1, means the following:

(1) The town, or any board, commission, department, division, bureau, committee, office, instrumentality, or authority of the town; or

(2) Any other entity, or any office thereof, by whatever name designated, exercising in a limited geographical area the executive, administrative, judicial, or legislative power of the state or a delegated local governmental power;

(3) Any entity or office that is subject to:

(a) Budget review by either the department of local government finance or the governing body of the town; or

(b) An audit by the state Board of Accounts that is required by statute, rule or regulation.

(4) Any building corporation of a political subdivision that issues bonds for the purpose of constructing public facilities;

(5) Any advisory commission, committee, or body created by statute, ordinance, or executive order to advise the governing body of a public agency, except medical staffs or the committees of any such staff;

(6) Any law enforcement agency, which means an agency or a department of any level of government that engages in the investigation, apprehension, arrest, or prosecution of alleged criminal offenders, such as the Highland metropolitan police department.

“Public record” means any writing, paper, report, study, map, photograph, book, card, tape recording, or other material that is created, received, retained, maintained, or filed by or with a public agency, and which is generated on paper, paper substitutes, photographic media, chemically based media, magnetic or machine readable media, electronically stored data, or any other material, regardless of form or characteristics.

“Standard-sized documents” includes all documents that can be mechanically reproduced (without mechanical reduction) on paper sized eight and one-half inches by 11 inches or eight and one-half inches by 14 inches.

“Trade secret” has the meaning set forth in IC 24-2-3-2.

“Work product of an attorney” means information compiled by an attorney in reasonable anticipation of litigation. The term includes the attorney’s:

(1) Notes and statements taken during interviews of prospective witnesses; and

(2) Legal research or records, correspondence, reports, or memoranda, to the extent that each contains the attorney’s opinions, theories, or conclusions.

(B) These definitions do not restrict the application of any exception under HMC 2.50.070 or IC 5-14-3-4. [Ord. 1647 § 1, 2017].

2.50.033 Public agency further defined.

(A) “Public agency,” for purposes of this chapter, does not mean a provider of goods, services, or other benefits that meets the following requirements:

(1) The provider receives public funds through an agreement with the state, a county, or a municipality that meets the following requirements:

(a) The agreement provides for the payment of fees to the entity in exchange for services, goods, or other benefits.

(b) The amount of fees received by the entity under the agreement is not based upon or does not involve a consideration of the tax revenues or receipts of the state, county, or municipality.

(d) The state, county, or municipality is billed for fees by the entity for the services, goods, or other benefits actually provided by the entity.

(2) The provider is not required by statute, rule or regulation to be audited by the state Board of Accounts. [Ord. 1647 § 2, 2017].

2.50.040 Right to inspect and copy public agency records – Prohibitions.

(A) Any person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided in HMC 2.50.060. A request for inspection or copying must:

(1) Identify with reasonable particularity the record being requested; and

(2) Be in writing on a form provided by the office of the clerk-treasurer. This includes directing requests to an online portal that assists with the management of public records requests. However, this may include written requests made by electronic mail or through access to public records management software.

(3) No request may be denied because the person making the request refuses to state the purpose of the request, unless such condition is required by other applicable statute. (See commercial and political purposes exception, subsections (C), (E) and (F) of this section.)

(4) If a request for inspection or copying of law enforcement recording, the request must provide the information required under HMC 2.05.050(B).

(B) A public agency may not deny or interfere with the exercise of the right stated in subsection (A) of this section. Within a reasonable time after the request is received by the agency, the public agency shall either:

(1) Provide the requested copies to the person making the request; or

(2) Allow the person to make copies:

(a) On the agency’s equipment; or

(b) On the person’s own equipment.

(3) Notwithstanding subsections (A) and (B) of this section, a public agency may do the following:

(a) In accordance with a contract described in HMC 2.50.033, permit a person to inspect and copy through the use of enhanced access public records containing information owned by or entrusted to the public agency.

(b) Permit a governmental entity to use an electronic device to inspect and copy public records containing information owned by or entrusted to the public agency.

(4) Except as provided in subsection (C) of this section, a public agency that maintains or contracts for the maintenance of public records in an electronic data storage system shall make reasonable efforts to provide to a person making a request a copy of all disclosable data contained in the records on paper, disk, tape, drum, or any other method of electronic retrieval if the medium requested is compatible with the agency’s data storage system. However, this subsection does not apply to an electronic map.

(C) A person who receives information on a disk or tape under subsection (B)(4) of this section may not use the information for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by the request to any other person for these purposes.

(D) Use of information received under subsection (B)(4) of this section in connection with the preparation or publication of news, for nonprofit activities, or for academic research is not prohibited. A person who uses information in a manner contrary to these provisions will be prohibited from obtaining a copy of any further data.

(E) Notwithstanding the other provisions of this section, a public agency is not required to create or provide copies of lists of names and addresses (including electronic mail account addresses) unless the public agency is required to publish such lists and disseminate them to the public under a statute. However, if a public agency has created a list of names and addresses (excluding electronic mail account addresses), it must permit a person to inspect and make memoranda abstracts from the list unless access to the list is prohibited by law.

(F) Political and Commercial Uses Prohibited. The lists of names and addresses (including electronic mail account addresses) described in the following numbered subdivision, may not be disclosed by public agencies to any individual, entity or commercial entity for political purposes or commercial purposes and may not be used by any individual or entity for political or commercial purposes. The prohibition in this subsection against the disclosure of lists for political or commercial purposes applies to the following lists of names and addresses (including electronic mail account addresses):

(1) A list of employees of a public agency.

(2) A list of persons attending conferences or meetings at a state educational institution or of persons involved in programs or activities conducted or supervised by the state educational institution.

(G) The provisions set forth in subdivision (F) of this section shall be uniform and may not discriminate among similarly situated commercial entities. For the purposes of this subsection, “political purposes” means influencing the election of a candidate for federal, state, legislative, local, or school board office or the outcome of a public question or attempting to solicit a contribution to influence the election of a candidate for federal, state, legislative, local, or school board office or the outcome of a public question. [Ord. 1647 § 3, 2017].

2.50.050 Law enforcement records and information.

(A) Nothing contained in HMC 2.50.070(A)(12) requires a law enforcement agency to release to the public the job title or job description of law enforcement officers.

(B) A request to inspect or copy a law enforcement recording must be in writing. A request identifies a law enforcement recording with reasonable particularity as required by this section only if the request provides the following information regarding the law enforcement activity depicted in the recording:

(1) The date and approximate time of the law enforcement activity.

(2) The specific location where the law enforcement activity occurred.

(3) The name of at least one individual, other than a law enforcement officer, who was directly involved in the law enforcement activity.

(C) If a person is arrested or summoned for an offense, the following information shall be made available for inspection and copying:

(1) Information that identifies the person, including his name, age, and address.

(2) Information concerning any charges on which the arrest or summons is based.

(3) Information relating to the circumstances of the arrest or the issuance of the summons, such as the:

(a) Time and location of the arrest or the issuance of the summons;

(b) Investigating or arresting officer (other than an undercover officer or agent); and

(D) If a person is received in a jail or lock-up, the following information shall be made available for inspection and copying:

(1) Information that identifies the person, including his name, age, and address.

(2) Information concerning the reason for the person being placed in the jail or lock-up, including the name of the person on whose order the person is being held.

(3) The time and date that the person was received and the time and date of his discharge or transfer.

(4) The amount of the person’s bail or bond, if it has been fixed.

(E) An agency shall maintain a daily log or record that lists suspected crimes, accidents, or complaints, and the following information shall be made available for inspection and copying:

(1) The time, substance, and location of all complaints or requests for assistance received by the agency.

(2) The time and nature of the agency’s response to all complaints or requests for assistance.

(3) If the incident involves an alleged crime or infraction:

(a) The time, date, and location of occurrence;

(b) The name and age of any victim, unless the victim is a victim of a crime under IC 35-42-3.5 or IC 35-42-4;

(d) A general description of any injuries, property, or weapons involved.

(F) The information required in this section shall be made available for inspection and copying in compliance with this chapter. The record containing the information must be created not later than 24 hours after the suspected crime, accident, or complaint has been reported to the agency. These provisions do not affect IC 5-2-4, 5-11-1-9 or 10-13-3. [Ord. 1647 § 4, 2017].

2.50.051 Inspection of law enforcement recordings.

(A) As used in this section, “requester” means the following:

(1) An individual who is depicted in a law enforcement recording.

(2) If the individual described in subsection (A)(1) of this section is deceased, then it means the surviving spouse, father, mother, brother, sister, son, or daughter of the individual; or the personal representative (as defined in IC 6-4.1-1-9) of or an attorney representing the deceased individual’s estate.

(3) If the individual described in subsection (A) (1) of this section is an incapacitated person (as defined in IC 29-3-1-7.5), then it means the legal guardian, attorney, or attorney in fact of the incapacitated person.

(4) A person that is an owner, tenant, lessee, or occupant of real property, if the interior of the real property is depicted in the recording.

(5) A person who is the victim of a crime or suffers a loss due to personal injury or property damage; if the events depicted in the law enforcement recording are relevant to the person’s loss or to the crime committed against the person.

(B) A public agency shall allow a requester to inspect a law enforcement recording at least twice, if the requester submits a written request under HMC 2.50.030 or IC 5-14-3-3 for inspection of the recording. The public agency shall allow the requester to inspect the recording in the company of the requester’s attorney. A law enforcement recording may not be copied or recorded by the requester or the requester’s attorney during an inspection.

(1) Shall obscure in the recording information described in IC 5-14-3-4(a); and

(2) Shall obscure any information identifying a law enforcement officer operating in an undercover capacity, or a confidential informant.

(D) Before an inspection under subsection (B) of this section, only the information in the recording described in subsection (C) of this section may be obscured by the public agency.

(E) If a person is denied access to inspect a recording under this section, the person may appeal the denial under IC 5-14-3-9 and HMC 2.50.060.

(F) Exemptions to the right of inspection provided under IC 5-14-3-5.2 shall pertain to the exercise of this section. [Ord. 1647 § 5, 2017].

2.50.053 Retention of law enforcement recordings.

(A) Except as provided in subsection (B) of this section, a public agency shall retain an unaltered, unobscured law enforcement recording for at least 190 days after the date of the recording.

(B) A public agency shall retain an unaltered, unobscured law enforcement recording for a period longer than the period described in subsection (A) of this section if the following conditions are met:

(1) Except as provided in subsection (B)(3) of this section, if a person defined as a requester as set forth in HMC 2.50.051(A) notifies the public agency in writing not more than 180 days after the date of the recording that the recording is to be retained, the recording shall be retained for at least two years after the date of the recording. The public agency may not request or require the person to provide a reason for the retention.

(2) Except as provided in subsesction (B)(3) of this section, if a formal or informal complaint is filed with the public agency regarding a law enforcement activity depicted in the recording less than 180 days after the date of the recording, the public agency shall automatically retain the recording for at least two years after the date of the recording.

(3) If a recording is used in a criminal, civil, or administrative proceeding, the public agency shall retain the recording until final disposition of all appeals and order from the court.

2.50.060 Denial of disclosure and related matters.

(A) A denial of disclosure by a public agency occurs when the person making the request is physically present in the office of the agency, makes the request by telephone, or requests enhanced access to a document and:

(1) The person designated by the public agency as being responsible for public records release decisions refuses to permit inspection and copying of a public record when a request has been made; or

(2) Twenty-four hours elapse after any employee of the public agency refuses to permit inspection and copying of a public record when a request has been made; whichever occurs first.

(B) If a person requests by mail or by facsimile a copy or copies of a public record, a denial of disclosure does not occur until seven days have elapsed from the date the public agency receives the request.

(C) If a request is made orally, either in person or by telephone, a public agency may deny the request orally. However, if a request initially is made in writing, by facsimile, or through enhanced access, or if an oral request that has been denied is renewed in writing or by facsimile, a public agency may deny the request if:

(1) The denial is in writing or by facsimile; and

(2) The denial includes:

(a) A statement of the specific exemption or exemptions authorizing the withholding of all or part of the public record; and

(b) The name and the title or position of the person responsible for the denial.

(D) A person who has been denied the right to inspect or copy a public record by a public agency may file an action in the circuit or superior court of Lake County to compel the public agency to permit the person to inspect and copy the public record. Whenever an action is filed under this subsection, the public agency must notify each person who supplied any part of the public record at issue:

(1) That a request for release of the public record has been denied; and

(2) Whether the denial was in compliance with an informal inquiry response or advisory opinion of the public access counselor.

(E) Such persons are entitled to intervene in any litigation that results from the denial. The person who has been denied the right to inspect or copy need not allege or prove any special damage different from that suffered by the public at large.

(F) The municipality hereby acknowledges the further provisions of IC 5-14-3-9 and 5-14-3-9.5 and their description of procedures and remedies for unlawful denial of disclosures. [Ord. 1151 § 1, 2000; Ord. 1647 § 7, 2017. Code 2000 § 34.06].

2.50.070 Public records which are not disclosable and which are disclosable.

(A) The following public records are excepted from HMC 2.50.040 and shall not be disclosed by a public agency, unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery:

(1) Those declared confidential by state statute.

(2) Those declared confidential by rule adopted by a public agency under specific authority to classify public records as confidential, granted to the public agency by statute.

(3) Those required to be kept confidential by federal law.

(4) Records containing trade secrets.

(5) Confidential financial information obtained, upon request, from a person. However, this does not include information that is filed with or received by a public agency pursuant to state statute.

(6) Grade transcripts and license examination scores obtained as part of a licensure process.

(7) Those declared confidential by or under rules adopted by the Supreme Court of Indiana.

(8) The following information obtained from a call made to a fraud hotline established under IC 36-1-8-8.5:

(a) The identity of any individual who makes a call to the fraud hotline.

(b) A report, transcript, audio recording, or other information concerning a call to the fraud hotline. However, records described in this subsection may be disclosed to a law enforcement agency, the attorney general, the inspector general, the state examiner, or a prosecuting attorney.

(9) Scores of tests if the person is identified by name and has not consented to the release of his scores.

(10) The following:

(a) Records relating to negotiations between:

1. The Indiana Economic Development Corporation;

2. The ports of Indiana;

3. The Indiana State Department of Agriculture;

4. The Indiana Finance Authority;

5. An economic development commission;

6. A local economic development organization that is a nonprofit corporation established under state law whose primary purpose is the promotion of industrial or business development in Indiana, the retention or expansion of Indiana businesses, or the development of entrepreneurial activities in Indiana; or

7. A governing body of a political subdivision with industrial, research, or commercial prospects, if the records are created while negotiations are in progress.

(b) Notwithstanding subsection (A)(10)(a) of this section, the terms of the final offer of public financial resources communicated by the Indiana Economic Development Corporation, the ports of Indiana, the Indiana Finance Authority, an economic development commission, or a governing body of a political subdivision to an industrial, a research, or a commercial prospect shall be available for inspection and copying under HMC 2.50.040 after negotiations with that prospect have terminated.

(c) When disclosing a final offer under subsection (A)(10)(b) of this section, the proper officer(s) of economic development commissions or Indiana Economic Development Corporation shall certify that the information being disclosed accurately and completely represents the terms of the final offer.

(d) Notwithstanding subsection (A)(10)(b) of this section, an incentive agreement with an incentive recipient shall be available for inspection and copying under HMC 2.50.040 after the date the incentive recipient and the Indiana Economic Development Corporation execute the incentive agreement regardless of whether negotiations are in progress with the recipient after that date regarding a modification or extension of the incentive agreement.

(11) The work product of an attorney representing, pursuant to an appointment by a public agency:

(a) A public agency; or

(b) An individual, without the consent of the governing body of the public agency and the attorney.

(12) Personnel files of public employees and files of applicants for public employment, that expressly include the following:

(a) The name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former officers or employees of the agency;

(b) Information relating to the status of any formal charges against the employee; and

(c) Information concerning disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged.

However, all personnel file information shall be made available to the affected employee or the employee’s representative. This subsection does not apply to disclosure of personnel information generally on all employees or for groups of employees without the request being particularized by employee name.

(13) Administrative or technical information that would jeopardize a recordkeeping or security system.

(14) Computer programs, computer codes, computer filing systems, and other software that are owned by the public agency or entrusted to it and portions of electronic maps entrusted to a public agency by a utility.

(15) Records specifically prepared for discussion or developed during discussion in an executive session under IC 5-14-1.5-6.1. However, this subsection does not apply to that information required to be available for inspection and copying under subsection (B)(5) of this section.

(16) The identity of a donor of a gift made to a public agency if:

(a) The donor requires nondisclosure of his identity as a condition of making the gift; or

(b) After the gift is made, the donor or a member of the donor’s family requests nondisclosure.

(17) A record or a part of a record, the public disclosure of which would have a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack. A record described under this subdivision includes the following:

(a) A record assembled, prepared, or maintained to prevent, mitigate, or respond to an act of terrorism under IC 35-47-12-1 or an act of agricultural terrorism under IC 35-47-12-2.

(b) Vulnerability assessments, risk planning documents and needs assessments.

(d) Intelligence assessments.

(e) Domestic preparedness strategies.

(f) The location of community drinking water wells and surface water intakes.

(g) The emergency contact information of emergency responders and volunteers.

(h) Infrastructure records that disclose the configuration of critical systems such as communication, electrical, ventilation, water, and wastewater systems.

(i) The home address, home telephone number, and emergency contact information for any: emergency management worker (as defined in IC 10-14-3-3); public safety officer (as defined in IC 35-47-4.5-3); emergency medical responder (as defined in IC 16-18-2-109.8) or advanced emergency medical technician (as defined in IC 16-18-2-6.5).

(18) The following personal information concerning a customer of a the municipally owned utility (as defined in IC 8-1-2-1):

(a) Telephone number;

(b) Address; or

(19) Lists of names and addresses of employees of a public agency or lists of persons attending conferences or meetings at a state institution of higher education or persons involved in programs or activities conducted or supervised by the state institution of higher education may not be disclosed to entities pursuant to the prohibition set forth in HMC 2.50.040(F).

(20) The following personal information about a complainant contained in records of a law enforcement agency:

(a) Telephone number;

(b) The complainant’s address. However, if the complainant’s address is the location of the suspected crime, infraction, accident, or complaint reported, the address shall be made available for public inspection and copying.

(21) The name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first employment of a law enforcement officer who is operating in an undercover capacity.

(22) Records requested by an offender that contain personal information relating to: (a) a law enforcement officer (as defined in IC 35-31.5-2-185); (b) a judge (as defined in IC 33-38-12-3); (c) the victim of a crime; or (d) a family member of a law enforcement officer (as defined in IC 35-31.5-2-185) or victim of a crime.

(23) Criminal intelligence information.

(B) Except as otherwise provided by HMC 2.50.050, the following public records shall be disclosable and not excepted from HMC 2.50.040 by a public agency:

(1) Investigatory records of law enforcement agencies. However, certain law enforcement records must be made available for inspection and copying as provided in HMC 2.50.040.

(2) Test questions and other examination data used in administering an examination for employment, before the examination is given or if it is to be given again.

(3) Records that are intra-agency or interagency advisory or deliberative material, including material developed by a private contractor under a contract with a public agency, that are expressions of opinion or are of a speculative nature, and that are communicated for the purpose of decision making.

(4) Diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal.

(5) Personnel files of public employees and files of applicants for public employment, subject to the prohibitions in subsection (A)(12) of this section. However, when responding to inquiries made regarding the employment of a former employee, disclosure shall be confined to dates of service, department assigned, job title, and rate of pay, unless advised by counsel to the contrary.

(6) Except as provided in subsection (A)(17) of this section and HMC 2.50.051, a law enforcement recording. However, before disclosing the recording, the public agency must comply with the obscuring requirements of this chapter, if applicable.

(C) Notwithstanding HMC 2.50.040, a public agency is not required to create or provide copies of lists of names and addresses, unless the public agency is required to publish such lists and disseminate them to the public pursuant to statute. However, if a public agency has created a list of names and addresses, it must permit a person to inspect and make memoranda abstracts from the lists, unless access to the lists is prohibited by law.

(D) Nothing contained in subsection (A) of this section shall limit or affect the right of a person to inspect and copy a public record required or directed to be made by any statute or by any rule of a public agency.

(E) Notwithstanding any other law, a public record that is classified as confidential, other than a record concerning an adoption, shall be made available for inspection and copying 75 years after the creation of that record.

(F) Notwithstanding subsection (E) of this section and HMC 2.50.080:

(1) Public records subject to IC 5-15 may be destroyed only in accordance with record retention schedules under IC 5-15; or

(2) Public records not subject to IC 5-15 may be destroyed in the ordinary course of business. [Ord. 1647 § 8, 2017; Ord. 1683 §§ 1, 2, 2018].

2.50.075 Partially disclosable records – Computer or microfilm records – Fees.

(A) Redaction of Nondisclosable Material. If a public record contains disclosable and nondisclosable information, the public agency shall, upon receipt of a request under this chapter, separate the material that may be disclosed and make it available for inspection and copying.

(B) If a public record stored on computer tape, computer disks, microfilm, or a similar or analogous record system is made available to (1) a person by enhanced access under IC 5-14-3-3.5 or (2) a governmental entity by an electronic device, the public agency may not make the record available for inspection without first separating the material in the manner required by subsection (A) of this section.

(C) A public agency may charge a person who makes a request for disclosable information the agency’s direct cost of reprogramming a computer system if: (1) the disclosable information is stored on a computer tape, computer disc, or a similar or analogous record system; and (2) the public agency is required to reprogram the computer system to separate the disclosable information from nondisclosable information.

(D) A public agency is not required to reprogram a computer system to provide enhanced access or access to a governmental entity by an electronic device. [Ord. 1647 § 9, 2017].

2.50.080 Duty to protect and preserve public records.

(A) A public agency shall protect public records from loss, alteration, mutilation, or destruction, and regulate any material interference with the regular discharge of the functions or duties of the public agency or public employees.

(B) A public agency shall take precautions that protect the contents of public records from unauthorized enhanced access, unauthorized access by an electronic device, or alteration.

(C) This section does not operate to deny to any person the rights secured by HMC 2.50.040. [Ord. 1151 § 1, 2000. Code 2000 § 34.07].

2.50.090 Authority to collect fees and charges.

(A) The proper officers, deputies and employees as hereinafter may be identified are hereby authorized and directed:

(1) To charge and collect, on behalf of the municipality, such service charges or fees as hereinafter may be identified and authorized for certification, copying, facsimile machine transmission of documents, computer tape duplicates, audio tape duplicates or similar media to be paid by the parties desiring the copies, materials or duplicates:

(a) Provided, that such fees are not in excess of the actual costs of certifying, copying, or transmitting by facsimile machine the document. As used in this subsection, “actual cost” means the cost of paper and the per-page cost for use of copying or facsimile equipment, and does not include labor costs or overhead costs;

(b) Further provided, that such fees are uniform to all purchasers and that such fees are not in excess of the sum of the direct costs of supplying the information in that form, the standard costs, if any, for selling the same information in the form of a publication;

(2) To charge or collect no fees on behalf of the municipality for inspecting a public record, or for searching, examining, or reviewing a record to determine whether or not such records may be disclosed; and

(3) To charge or collect no fees to any appointee, employee, official, or agent of the municipality, of a public or not-for-profit agency, or a charitable, philanthropic or cultural organization for any of the services contemplated under this chapter.

(B) The proper officers, deputies and employees of the municipality authorized to carry out the provisions of this chapter referenced in subsection (A) of this section are hereby identified as follows:

(1) The officials and employees associated with the office of the clerk-treasurer, including the clerk-treasurer or a deputy, employee or appointee serving under same, are authorized to collect the fees herein identified, and to carry out the provisions of this chapter and in furtherance of IC 36-5-6 et seq.;

(2) The appointed officials and employees associated with the various executive departments, offices and agencies of the town, including the department head, employee or appointee serving under same, are authorized to collect the fees herein identified, provided such fees be delivered to the clerk-treasurer for deposit with other funds of the municipality and to carry out the provisions of this chapter;

(3) All fees associated with duplication of a public record covered by this chapter shall be uniform, and no fee not otherwise provided for under this chapter shall be charged or collected;

(4) Fees collected for copies of specifically identified law enforcement records, including accident reports, shall be collected in the manner set out by IC 9-29-11-1(a) as codified in HMC 9.15.200, and shall not be deemed to be repealed with the adoption of this chapter.

(C) Except as provided in HMC 2.50.100, a public agency may not charge any fee under this chapter to inspect a public record or to search for, examine, or review a record to determine whether the record may be disclosed. [Ord. 1151 § 1, 2000; Ord. 1647 § 10, 2017. Code 2000 § 34.08].

2.50.100 Fees schedule – Document reproduction – Certification.

The copy schedule, as hereinafter is set forth and follows, is hereby established and adopted for all departments and offices of the town of Highland except where otherwise provided by law:

(A) Schedule of Charges – Reproduction of Public Records Fees. The users of services described in this schedule and administered pursuant to IC 5-14-3 et seq. and this chapter will be charged a standard service charge or fee based upon the schedule herein provided. Fees and charges established and collected pursuant to this section may be paid by cash, money order or by check payable to the town or the relevant department from which services are provided.

(B) Photocopying Service Charges.

(1) Black and white photocopies or outputs rendered on paper of eight and one-half inches by 11 inches, eight and one-half inches by 14 inches, and paper of 11 inches by 17 inches, the price per page shall be:

(a) For first or single page, single-sided document: $0.10.

(b) For second and additional pages of single-sided document: $0.10.

(2) Color photocopies or outputs rendered on paper of eight and one-half inches by 11 inches, eight and one-half inches by 14 inches, and paper of 11 inches by 17 inches, the price per page shall be:

(a) For first or single page, single-sided document: $0.20.

(b) For second and additional pages of single-sided document: $0.20.

(C) Delivery of the Documents or Materials Herein Specified. Persons requesting copies or document services under this chapter may obtain them in person at the proper offices of the municipality. If requested, documents may be transmitted to the requesting party by a form of overland carrier, United States Postal Service, courier or other applicable common carrier, subject to a charge which shall constitute the actual cost of the manner of delivery, plus a special services charge.

Special services fee: $5.00.

(D) Facsimile Transmission Service Charges (Excluding the Cover Sheet).

(1) Facsimile transmission of eight and one-half inches by 11 inches or eight and one-half inches by 14 inches, the price per page shall be:

(a) For single-page document:

1. Local telephone exchange: $0.50.

2. Nonlocal telephone exchange: $1.00.

(b) For first page of a multi-paged document:

1. Local telephone exchange: $0.50.

2. Nonlocal telephone exchange: $1.00.

1. Local telephone exchange: $0.15.

2. Nonlocal telephone exchange: $0.25.

(E) Small Services Protocol. Notwithstanding any other provision of this chapter, no charges authorized in this chapter shall be imposed or collected for any transaction the total cost of which exceeds the cost of generating a receipt. The clerk-treasurer shall be authorized and directed to fix the threshold at which the cost of control is equal to the cost of services in writing. It shall have the force of any provisions of this code and uniform for all departments and offices of the town.

(F) Document Certifying or Acknowledgment Service Charges. To the extent such charges are consistent with IC 5-14-3-8, and to the extent that such charges are not inconsistent with provisions of IC 33-42-2-7, or 33-42-14-1 after 7-1-2018, and 36-5-6-6(10), the following fees and charges are adopted. Such fees or charges shall not be construed to be personally collected or for the personal benefit of the properly commissioned or statutorily authorized officers who perform the following acknowledging services. Rather, such fees or charges shall be construed as collected on behalf of the municipality.

(1) Certifications or Acknowledgment of Official Record(s). This includes acknowledgments or certificates of notaries public. No public official, elected or appointed, or any deputy is authorized to charge for these notarial services in connection with any official business of the office or any other office belonging to the governmental unit in which the person serves.

(a) For each document related to official public business: No charge.

(b) For each document unrelated to official public business: $5.00.

(G) Published or Specially Printed Materials.

(1) The following fees and charges are hereby authorized and established and may be charged for the following printed or published materials that are caused to be generated from time to time by the municipality and desirable for purchase by interested parties. The right to inspect these materials shall not be dependent upon or made contingent upon purchase.

(a) Municipal maps: $1.00.

(b) Full municipal code book with tabs, without binder: $68.50.

(d) Comprehensive annual financial report (CAFR): $15.00.

(2) The following range of fees and charges are hereby authorized and established and may be charged for the following printed or published materials that are caused to be generated from time to time by the municipality and desirable for purchase by interested parties. The clerk-treasurer is authorized and empowered to specifically fix the charge or fee within the range herein adopted. The charge or fee as fixed must be reasonably related to reasonable and just rates and charges for services. Offices or departments of the municipality must request the clerk-treasurer to fix a fee or charge before any charge or fee under this subsection is to be collected. Offices or departments of the municipality may further request such authorization to be in writing, and the clerk-treasurer shall comply. The right to inspect these materials shall not be dependent upon or made contingent upon purchase.

	Low Range	High Range
Plans and specifications or other bid documents	No charge	$100

(H) Blueprints and Plats Materials. For documents rendered by way of the blueline pressure developed system, a flat transaction fee will be charged, plus a sheet fee, based upon the size of the particular rendering as follows:

(1) Flat transaction fee: $5.00.

(2) Plus for each document sized 17 inches by 22 inches: $0.50.

(3) Plus for each document sized 18 inches by 24 inches: $0.50.

(4) Plus for each document sized 34 inches by 44 inches: $1.00.

(5) Plus for each document sized 36 inches by 48 inches: $1.00.

(I) Miscellaneous Transaction Charges. Persons presenting checks, negotiable orders of withdrawal or similar instruments for payment to the municipality for services or fees lawfully charged by the municipality, including its executive departments and political subdivisions, under the terms of this chapter, and such checks, negotiable orders of withdrawal or similar instruments are returned for nonsufficient funds, will be charged the following fees which must be paid in certified funds or cash prior to redeposit of such an instrument:

(1) A check return cost (NSF fee) equal to the actual NSF charge imposed by the public depository;

(2) Administrative processing fee: $15.00.

(J) Notwithstanding any other provision of this chapter, when providing a duplicate of a computer tape, computer disc, microfilm, law enforcement recording, or similar or analogous record system containing information owned by the public agency or entrusted to it, a public agency may charge a fee or fees, uniform to all purchasers, that does not exceed the sum of the agency’s direct cost of supplying the information in that form, provided that fee is approved in this chapter. The following fees are hereby authorized and approved to be collected pursuant to this section:

(1) Media Fees.

(a) For records provided on a compact disk (CD), or digital video disk (DVD): $1.00.

(b) For records provided on a flash drive, thumb drive or similar medium: $10.00.

(2) Electronic Law Enforcement Video Documents Fee. For law enforcement video recordings captured by an in-car camera or captured by a departmental booking camera will be provided for the sum of the base fee plus the appropriate media fee.

(a) Base fee: $120.00. [Ord. 1647 § 11, 2017; Ord. 1683 § 3, 2018].

2.50.110 Billing and waiver of charges authorized.

All fees and charges shall be collected prior to delivery of any copies or service set forth under this chapter, unless a reasonable billing protocol has been established and authorized in advance with the users and by the proper officer or department executing the provisions of this chapter. However, the town council or proper board or commission may waive the service charges and fees herein authorized and established when, in that body’s judgment, such waiver is proper and desirable; provided, that such waiver shall be executed by resolution of the proper body pursuant to laws governing enactments of that body. [Ord. 1151 § 1, 2000. Code 2000 § 34.10].

2.50.120 All charges belong to municipality.

All charges and amounts collected pursuant to this chapter shall be deposited and credited to the general fund of the municipality or to the proper fund of the department generating the charge or service, as may be applicable, upon their receipt, in the same manner as other miscellaneous revenues of the municipality. [Ord. 1151 § 1, 2000. Code 2000 § 34.11].

2.50.130 Unauthorized fees prohibited.

(A) Any public official, whether elected or appointed, including the clerk-treasurer or any deputy, or any employee or appointee serving the municipality, is hereby prohibited from personally receiving and shall not charge nor collect any fee or amount under this chapter that is not authorized or not deposited with the municipality, according to its terms.

(B) Fees established under this chapter must be uniform throughout the town, its departments and offices and uniform to all purchasers. These fees are applicable to all departments and offices of the town of Highland. It shall be unlawful for any officer or employee of any department or office of the town to collect according to any schedule except that authorized in this code. Any and all fees schedules for services collected or charged that are not set forth in HMC 2.50.100 are nugatory, null and void. [Ord. 1647 § 12, 2017; Ord. 1664 § 1, 2018].