(a) These procedures apply to all electronically stored information (as defined in I.C. 5-14-3-3(d)) responsive to a public records request under I.C. 5-14-3-3.
(b) All persons submitting a public records request to the Town must certify that they are not using the information obtained from their request 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.
(c) Consistent with I.C. 5-14-3-3(e), any recipient of electronically stored information in response to a public records request later determined by the Town Council to have used the information contrary to the certification is prohibited from receiving any further electronically stored information from the Town.
(d) The Town Council may make its determination in the preceding section only after:
(1) Providing a suspected violator with written notice of the violation and the date, time, and location of the hearing;
(2) Holding a public hearing at which the suspected violator may be present, present evidence, cross-examine witnesses, and be represented by counsel; and
(3) Issuing written findings establishing the violation and imposing a sanction.
(e) The Clerk-Treasurer’s Office is instructed to add to its forms for a public records request the following section:
I certify that I will not use any electronically stored information received in response to this request 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:
(Signature)
(Ord. 2022-16, §§ 1 - 6, 8-17-22)