Chapter 2.80
PUBLIC RECORDS
Sections:
Article I. Generally
2.80.010 Public requests for information.
2.80.020 Copying fees for public records.
2.80.030 Formal records request and other legal process.
Article II. Public Records Request Policy
2.80.050 Receiving public records requests.
2.80.060 Processing public records requests.
Article I. Generally
2.80.010 Public requests for information.
A. All requests by a resident or vendor or professional paid by the town shall be in writing and shall be directed to the clerk-treasurer.
B. Any public record provided to the town by a resident, vendor or paid professional shall be provided in the manner in which it was created.
C. The clerk-treasurer is authorized to respond to the request as provided by law, and with the advice and direction of the town council and/or its professionals as may be needed or required. [Res. 2006-14 §§ 1 – 3]
2.80.020 Copying fees for public records.
The town council of the town of Whitestown, Indiana, hereby adopts a public records copying charge of $0.15 per page, payable to the town clerk-treasurer at the time the copy is received, to cover the costs associated therewith. [Res. 2003-01]
2.80.030 Formal records request and other legal process.
A. Prior to sending a formal public records requests or other legal process on behalf of the town, or on behalf of any town agency, board, or commission, the individual or body desiring to send such correspondence shall first obtain the written or verbal approval of both the town council president and the town council vice president, or his/her respective designee(s). For purposes of this policy, “legal process” includes all formal correspondence of a legal nature requiring or directing action from a third party, including but not limited to cease and desist letters and other similar documents.
B. In obtaining such approval, the individual or body desiring to send such correspondence shall provide sufficient information concerning the records sought, action desired, and the purpose and intent of the formal communication. The town council president and/or town council vice president may require such other information, consult with legal counsel, or take such action on the correspondence as he/she determines to be appropriate in their discretion.
C. This policy shall not apply in cases of emergency, when immediate action is necessary, where required by law, or correspondence related to ongoing legal proceedings to which the town council or town council president has previously been advised and consulted.
D. The town council president may require the applicable individual or body to withdraw correspondence that fails to comply with this policy, and the individual or body may further be subject to discipline.
E. All communications relating to consultation and approval pursuant to this policy shall be considered deliberative material, privileged, and/or work-product material that is confidential and not subject to disclosure.
F. This section shall not create any interest in any third party or the recipient of any such records request or legal process from the town, nor relieve any person from any legal obligation related to the same. [Res. 2016-31 §§ 1 – 6]
Article II. Public Records Request Policy
2.80.040 Purpose.
To establish a centralized process for receiving, processing and responding to public records requests submitted to the town of Whitestown, its employees, and/or officials. [Res. 2015-42 § 1 (Exh. A § 1)]
2.80.050 Receiving public records requests.
A. Requests Must Be in Writing. All public records requests submitted to the town of Whitestown must be reduced to writing and must identify the requested records with sufficient particularity as required by law. The town manager may develop and adopt a form and related procedures for submitting requests.
B. Verbal Inquiries. In the event that a requester verbally seeks a record that is not already publicly available on the town’s website, the requester must be advised within 24 hours that his or her request will be processed once the request is reduced to writing as required herein. To the extent the requested record is already publicly available on the town’s website, the requestor may be directed to check the website before submitting a written request, should the requestor so desire.
C. Electronic Inquiries. In the event that a requester submits a request via email, facsimile, or other electronic manner, such electronic submission shall be considered a written request; provided, that it is in the applicable form. [Res. 2015-42 § 1 (Exh. A § 2)]
2.80.060 Processing public records requests.
A. Initial Response. The town manager should develop a form response that may be provided to a requestor following receipt of a public records request that acknowledges receipt of the request and explains that it will be reviewed and an appropriate response will be provided within a reasonable time.
B. Notifying the Town Manager. Within one business day of receiving a written request, the employee or official who receives the request shall notify the town manager in writing of the request. The written notice to the town manager shall include a true, accurate, and complete copy of the written public records request.
C. Collecting Records. The town manager and/or his/her designee shall be responsible for reviewing the request and collecting potentially responsive records. The town manager and/or his/her designee shall consult with legal counsel or other consultants as may be necessary to review any such records and respond to the request as may be appropriate.
D. Electronic Records. In the event that records which are sought exist in electronic format, the town manager and/or his/her designee shall create a centralized process for collecting and reviewing such electronic records.
E. Full Cooperation. All employees and/or town officials shall fully cooperate with the town manager and/or his/her designee in collecting and/or reviewing the records reasonably sought by the public records request. [Res. 2015-42 § 1 (Exh. A § 3)]
2.80.070 The response.
A. Town Manager. The town manager and/or his/her designee shall be responsible for responding to any and all public records requests. No public records request shall be responded to without the authorization of the town manager and/or his/her designee.
B. Exceptions. No public records request response shall be submitted to a requester without first considering any applicable exclusion or exception under the Indiana Access to Public Records Act. The town manager shall take efforts to provide responsive and nonexcepted records as may be appropriate under the circumstances in each respective case. [Res. 2015-42 § 1 (Exh. A § 4)]