(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. 36-1-8.5-2 defines a covered person as:
(1) A judge;
(2) A law enforcement officer;
(3) A victim of domestic violence; and
(4) A public official.
(C) The county’s 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 person’s home address. A copy of the form is attached to the ordinance codified in this section. The form may be obtained in the County Auditor 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) Victims of domestic violence will not be required to pay a fee for restricted access. 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 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 his or her 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 policy 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 policy and ordinance. 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.
(Ord. 2016-15, passed 9-6-2016)