(A) All offices of the county (not otherwise covered by statute or ordinance) shall henceforth charge a uniform fee of $.10 per page for each photographic/xerographic reproduction and $1 for each facsimile machine transmission of county public records provided pursuant to any oral or written request made of an office maintaining the public record being sought. These fees shall apply to standard size documents of 8½ x 11 or 8½ x 14 in size. Other documents in excess of these standard sizes shall be reproduced at their actual cost. The procedure for requesting and the receipt of such copies is outlined in this section.
(B) Those requests for copies from an office subject to this section received through the United States mail shall be charged postage for the return of those items requested at the prevailing rate per ounce established by the United States Postal Service for first class postage. If the requestor provides the appropriate amount of postage in advance with the copy request, then no postage shall be assessed upon the request for copies.
(C) The fees established by this section shall not apply, nor do they supersede, the schedules set by state law for copy or facsimile charges for those county offices or records governed by state statute or court order as outlined in I.C. 5-14-3-8(f). (For example, but not limited to, recording copy fees/Clerk's certification and/or copy fees).
(D) Persons requesting xerographic or facsimile copies from a county office subject to this section, other than the Recorder or Clerk, shall complete a written request on a form provided for such service by the county office, which specifies with reasonable particularity the record being requested. The completion of the written request will permit the calculation of service fees and postage where applicable, to be accurately determined and invoiced for providing the copy/facsimile service. Payment of the specified fee shall be made to the county office prior to receipt of the copies requested. Form requests for copies may be submitted at any time during the normal hours in which the county office/agency is open for the transaction of the public's business. (A copy of request form is attached to Ordinance 97-16 and incorporated by reference).
(E) (1) The county office/agency from which the request for copies is made shall have a reasonable opportunity to provide the requested information, and, shall make a reasonable effort to do so taking into consideration the following factors: ( for example, and not limited to) available staffing, equipment, and the volume of information requested. Compilation and copying of public documents may not unreasonably interfere with the business of the public agency.
(2) The office may not exceed 24 hours within which to provide the requested documents pursuant to such written request as made in person. If the request is made by United States mail, the requested copies shall be provided within one week of the date of the receipt of the request in the office where the records sought are kept.
(3) In the event an individual makes an oral request for copies, the same may be denied orally pursuant to state law. However, if a request initially is made in writing, or through some form of enhanced access, as defined by state law or local ordinance, or, if an oral request that has been denied is later renewed in writing, the county office may deny the request if:
(a) The denial is in writing; and
(b) The denial includes:
1. A statement of the specific exemption or exemptions authorizing the withholding of all or part of the county public record; and
2. The name and the title or position of the person responsible for the denial.
(4) No request for records may be denied because the person making the request refuses to state the purpose of the request, unless such condition is required by an applicable state or federal statute.
(F) In the event any county department provides information in booklet or pamphlet form, the booklet or pamphlet shall be provided to the public at the actual unit price or for the printing of the booklet or pamphlet rounded to the next even dollar.
(G) Copy and facsimile fees collected by county offices, as required by this section, shall be deposited with the County Auditor no less than monthly. Form 362, “Report of Collections”, as prescribed by the State Board of Accounts, shall be used for reporting, posting and accounting purposes of the county office making the collections.
(H) Per I.C. 5-14-3-3(e), only those persons duly authorized by the county may reproduce, store, grant access, deliver, or sell any information obtained from a county office or department to any other person, partnership or corporation. Information obtained from the county's data base may not be used for the purposes of advertising, selling or solicitation for the purchase of goods and services or merchandise, or to sell, loan, give away, or otherwise deliver information obtained by a copy request to any other person. A clearly visible notice of this provision of state law shall be posted in each department of the county and provided to the recipient requesting copies of public information at no charge.
(I) A person who violates the provisions of this section shall be guilty of an infraction as defined by state law and may be fined up to a maximum amount of $2,500. Each violation of the provisions of this section shall constitute a separate offense.
(Ord. 97-16, passed 10-14-1997)
Cross-reference:
Bulk form copies and fees, see § 34.35