(A) The county hereinafter adopts and incorporates by reference I.C. 36-1-8.5-1 through 36-1-8.5-12 and any amendments thereto.
(B) I.C. 36-1-8.5 defines a COVERED PERSON as:
(1) A judge;
(2) A law enforcement officer;
(3) An address confidentiality program participant;
(4) A public official;
(5) The surviving spouse of a PERSON described in this division (B), if the person was killed in the line of duty;
(6) An employee of the department of child services;
(7) A current or former probation officer;
(8) A current or former community corrections officer;
(9) A regular, paid firefighter or a volunteer firefighter (as defined in I.C. 36-8-12-2); or
(10) Any person who resides in the same household as a person described in divisions (A)(1) through (A)(9) above.
(C) The county public property database website is an internet website that is available to the general public over the internet, does not require registration, subscription, or the creation of a username and password to search the website, and connects a covered person’s home address to the covered person’s name, so that a search of the website for the covered person’s name discloses the covered person’s home address.
(D) Upon proper request, the duty to prevent disclosure of an address as it falls under I.C. 36-1-8.5 rests upon the County Information Technology Department.
(E) (1) A covered person may submit a completed form to the County Information Technology Department, which form will include the information necessary for restricting that covered persons’ home address. A copy of the form is attached hereto as Exhibit A and made a part hereof. The form may be obtained in the County Auditor’s office for submittal to the Information Technology Department. The forms will be returned to the Auditor’s office and maintained in a confidential file.
(2) If requested, the covered person may be required to certify or provide proof of additional information. Victims of domestic violence must submit proof of program participation as is required by statute.
(F) If an application for restriction is denied by the County Information Technology Department, the applicant may appeal such denial to the Board of County Commissioners.
(G) As a result of the request, the following changes will be made to the appropriate county information system or third-party systems managed by the county:
(1) GIS: the search results for GIS will reflect the changes made to the database for those records marked as confidential. It is the intention of the county to comply with the intent of the code to not make the property accessible by means of removing the link between name and parcel information.
(2) Portal: once the option to suppress has been enabled to a specific parcel, it will not be returned in search results or display on the map.
(H) (1) Victims of domestic violence will not be required to pay a fee for restricted access.
(2) A fee of $25 per parcel will be accessed for all other covered person requests. An additional $25 per parcel fee will be accessed for any changes to the title of the parcel or relocation of the covered person. All fees collected will be deposited to the county’s General Fund.
(I) (1) It is requested and recommended that a covered person having submitted the form shall resubmit the form on an annual recurring basis so as to assist the County Information Technology Department in assuring that the covered person’s home address is restricted on the database website. However, there is no additional fee for the recurring form filing. If a form has not been submitted for five years, the address with the restricted access will be automatically lifted.
(2) If a covered person moves from an address that is restricted, the covered person must submit a written request to allow public access on the public property database website to the County Auditor for forwarding to the County Information Technology Department so that the restriction on that address can be lifted.
(J) The county is not liable for failure to timely restrict disclosure of an address under this chapter unless the county’s act or omission constitutes gross negligence or willful or wanton misconduct (see I.C. 36-1-8.5-12).
(K) The public access of removed information can only be done at the request of the original covered person. Per the code, a covered person may request reinstatement of their excluded information. Should any changes to the title of a covered parcel be made, the existing residence will be removed from the list of confidential properties. A new request will need to be made in order to have the parcel covered.
(L) All requests made to the unit by a covered person are confidential (see I.C. 36-1-8.5-11).
(M) This section is in effect for the covered person’s primary residence only per I.C. 36-1-8.5-7. If a covered person owns or is involved in additional properties that might be utilized as a primary home address or as a mailing address, such parcels will be displayed unless the covered person wishes to have those addresses restricted as well and which will require a $25 fee applied upon submission.
(N) The county reserves the right to amend or revise the contents of this section. Further, a copy of this section shall be circulated to the local judges, law enforcement officers through the local law enforcement agencies in the county, and other local units of government who may have individuals that are included as a covered person. The County Prosecutor’s office will be sent a copy of this section for distribution to any victim of domestic violence that may be a covered person.
Exhibit A:
Confidential Request to Restrict Home Address Access of a Covered Person
Pursuant to I.C. 36-1-8-3 et seq. and Marshal County Ordinance 2023-19
File stamp upon receipt of payment
A “covered person” must complete and submit this form in person to the Marshall County Auditor’s Office in order to initiate the covered person’s ability to restrict access to their home address by means of a public property data base web site, as provided for by I.C. 36-1-8.5. The Marshall County Auditor’s Office will only accept this form if it is signed by the Covered Person and accompanied by a valid government issued photo ID. The Marshall County Auditor’s Office may refuse to accept this form if the person submitting it is unable to provide proof of their eligibility as a “covered person”, or if the identity of the person submitting the form is unable to be verified or if the form is incomplete. Pursuant to I.C. 36-1-8.5-12, a unit may not be civilly liable for failure to timely restrict disclosure of an address.
By signing and submitting this request, the covered person understands and acknowledges that:
• If, at any time after the submission of this form, the covered persons name is changed or is involved in an action that alters the name or names on a deed, the covered person MUST resubmit this form to retain such restricted access coverage.
• Certain services, primarily online governmental services, related to the covered persons name and property may be limited or inaccessible, which includes, but is not limited to, the covered persons ability to view and pay real estate taxes on-line, the covered persons ability to use a credit/debit card to make payments online and possible difficulty in refinancing or purchase a home.
• The restricted access provided herein does not prohibit the disclosure of any documents required to be released pursuant to access to public records law, subpoena, or court order.
• This request will not remove a covered person’s information from information already provided by any Marshall County office or website outside of the control of Marshall County. Notwithstanding anything else contained herein, this form is CONFIDENTIAL and not subject to disclosure pursuant to I.C. 36-1-8.5-11.
• The covered person should resubmit the form on an annual basis, without recurring fee. If a form has not been submitted for five (5) years, the address with restricted access will be automatically lifted. Should the covered person wish to remove the restriction in the future, a written request must be submitted.
Pursuant to I.C. 36-1-8.5-5, “public property data base web site” means an internet web site that: (1) is available to the general public over the internet; (2) does not require registration, subscription, or the creation of a user name and password to search the web site; and (3) connects a covered person’s home address to the covered person’s name, so that a search of the website for the covered person’s name discloses the covered person’s home address.
Pursuant to I.C. 36-1-8.5-2, the following are “covered persons,” please check the box that applies to you:
(1) A judge as defined in I.C. 36-1-8.5-3.
(2) A law enforcement officer as defined in I.C. 36-1-8.5-4.
(3) An address confidentiality program participant as defined in I.C. 36-1-8.5-4.3.
(4) A public official as defined in I.C. 36-1-8.5-4.5.
(5) The surviving spouse of a person described in subdivision (2) if the person was killed in the line of duty.
(6) An employee of the department of child services as defined in I.C. 36-1-8.5-2.5.
(7) A current or former probation officer.
(8) A current or former community corrections officer.
(9) A regular, paid firefighter or a volunteer firefighter as defined in I.C. 36-8-12-2.
(10) Any person who resides in the same household as a person described in subdivisions (1) through (9).
Please list home address and parcel number (the parcel number my be obtained from the Auditor’s Office):
Street address, city, state, zip code Parcel number
Any additional addresses and parcel numbers of property that you own and wish to restrict, subject to established fee:
Street address, city, state, zip code Parcel number
Street address, city, state, zip code Parcel number
I swear under the penalty of perjury that I am an eligible “covered person” as defined in I.C. 36-1-8.5-5 et seq. and I request Marshall County, Indiana to restrict access to my home address through any record made available to the general public within a “public property data base web site” as defined in I.C. 36-1-8.5-5.
Covered Person’s Printed Name Covered Person’s Signature Date
**This request must be submitted in person: Marshall County Auditor’s Office, 112 W. Jefferson Street, Room 205, Plymouth, IN 46563
Original form to Settlement Deputy, Copy of Form & Quietus to I.T. Department and Quietus filed in Auditor’s Office.
(Ord. 2023-19, passed 10-16-2023)