(A) The Town Council shall designate a person or persons responsible for public records release decisions, and this person(s) shall make the final determination of whether to approve or deny a request.
(B) All requests for public documents shall be made in writing by completing a request for public records form, available from the Clerk-Treasurer of the town, which form shall be created and/or reviewed by the Town Attorney, and made available to the public by the Clerk-Treasurer of the town.
(1) The request for public records form shall be the only accepted form for making such requests.
(2) The request for public records form shall be obtained from and submitted to the Clerk-Treasurer of the town during regular business hours.
(3) Each request shall identify with reasonable particularity the record being requested. A request identifies a law enforcement recording with reasonable particularity only if the request provides the following information regarding the law enforcement activity depicted in the recording:
(a) The date and approximate time of the law enforcement activity;
(b) The specific location where the law enforcement activity occurred; and
(c) The name of at least one individual, other than a law enforcement officer, who was directly involved in the law enforcement activity.
(C) (1) To recover the costs of producing these records, the Clerk-Treasurer of the town shall assess the person(s) making the request a charge of $0.10 per page for photocopying of black and white, single-sided standard eight and one-half by 11-inch paper or eight and one-half by 14 inch paper, and $0.25 per page for photocopying of color single-sided standard eight and one-half by 11 inch paper or eight and one-half by 14-inch paper.
(2) The fee for providing law enforcement recordings is $150 per recording. For copying photographs, audio tapes, electronic media, non-standard documents, and other items that may not be duplicated on a standard photocopier, other than law enforcement recordings, the Clerk-Treasurer of the town shall charge the direct cost for such copying, as defined by I.C. 5-14-3-2, as that section may be amended from time to time.
(D) Any town department required to provide certification of any document being provided to a person requesting such certification shall provide it. However, the person making such request shall pay a fee of $1 per page certified, up to a maximum fee of $5 per document certified.
(E) Pursuant to I.C. 5-14-3-3, as that section may be amended from time to time, a person who obtains public records or information, which includes either the name, address, telephone number, property location, account balances, or any identifying information, shall not use the public records 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 person for these purposes.
(Ord. 2020-05, passed 11-10-2020) Penalty, see § 33.99