(a) The Clerk of Council is designated as the primary office of responsibility for the processing of requests for public records from the City. All requests for public inspection of public records received by any officer or employee of the City shall be referred to the Clerk of Council for processing except that:
(1) Records created through the normal operation of the Division of Police shall be processed through the Police Division, including, but not limited to, accident reports, investigative reports, internal and external correspondence, and police personnel records. Release and/or inspection of such records shall be in accordance with the procedures set forth in the City of Moraine Police Department procedure manual.
(2) Records created through the normal operation of the Community Development Division shall be processed through the Community Development Division, including but not limited to maps, aerial photography, building inspections, internal and external correspondence, violations and notices.
A. Such records shall be available for inspection and/or release Monday through Friday, 9:00 a.m. to 4:00 p.m.
B. A form as approved by Council shall be provided on which to request the release or inspection of public records, but the use of such form shall not be compulsory. Fees for reproduction of records shall be as described in subsection (f).
C. Public records shall be made available for inspection and/or release promptly following the receipt of any such request. The length of time necessary to produce the record(s) for inspection and/or release will vary depending on the location of the record as well as the media on which the record is stored.
1. The Community Development Division shall, however, make every effort to produce the record(s) for inspection within two (2) working days of the date the request is received.
2. If the record(s) cannot be produced for inspection and/or release within two (2) working days, the Community Development Division will inform the Requestor of the specific reasons for the delay and establish a specific time when the record(s) will be available. A written memorandum of the facts and circumstances causing the delay will be maintained by the Community Development Division.
3. Requests for records which may be exempt from disclosure by law shall be referred to the Law Director. Within two (2) working days of the receipt of such referral, the Law Director shall render a written opinion as to whether the record(s) may be inspected or released and provide a copy of said opinion to the Community Development Division and the Requestor. The Law Director is authorized to file, on behalf of the City, any legal action necessary to protect the City’s interest regarding the release of documents not authorized by law.
(3) Records created through the normal operation of the Mayor’s Court shall be processed through the Clerk of Court Office.
A. A form shall be provided on which requests of documents may be made, but the use of such form shall not be compulsory. Fees for reproduction of records shall be as described in subsection (f).
B. Such records shall be promptly prepared and made available for inspection Monday through Friday, 8:00 a.m. to 4:00 p.m. The length of time needed to prepare the record(s) will vary depending on the size of the request.
1. The Clerk of Court shall, however make every effort to produce the record(s) within two (2) working days of the date the request is received.
2. If the record(s) cannot be produced within two (2) working days, the Clerk of Court will inform the Requestor of the specific reasons for the delay and establish a specific time when the record(s) will be available. The Clerk of Court Office will maintain a written memorandum of the facts and circumstances causing the delay.
C. Prepayment shall be required in advance for all records requests including records to be faxed and/or mailed. Said prepayment shall include the costs of mailing supplies and postage. Large and/or extraordinary requests may require extra time for the preparing of such records.
(b) A form as approved by Council shall be provided on which to request the release or inspection of public records, but the use of such form shall not be compulsory.
(c) Such records shall be available for inspection and/or release Monday through Friday, 9:00 a.m. to 4:00 p.m. Public records shall be made available for inspection and/or release promptly following the receipt of any such request. The length of time necessary to produce the record(s) for inspection and/or release will vary depending on the location of the record as well as the media on which the record is stored.
(1) The Clerk of Council shall, however, make every effort to produce the record(s) for inspection within two (2) working days of the date the request is received.
(2) If the record(s) cannot be produced for inspection and/or release within two (2) working days, the Clerk of Council will inform the Requestor of the specific reasons for the delay and establish a specific time when the record(s) will be available. A written memorandum of the facts and circumstances causing the delay will be maintained by the Clerk of Council.
(d) Requests for records that are subject to the Health Insurance Portability Accountability Act (HIPAA) privacy regulations shall comply with the requirements set forth by the City of Moraine Fire Division Policy No. 45CFR164. All such requests for the release or inspection of records subject to HIPAA shall be in writing on a form provided by the City of Moraine Privacy Officer.
(e) Requests for records which may be exempt from disclosure by law shall be referred to the Law Director. Within two (2) working days of the receipt of such referral, the Law Director shall render a written opinion as to whether the record(s) may be inspected or released and provide a copy of said opinion to the Clerk of Council and the Requestor. The Law Director is authorized to file, on behalf of the City, any legal action necessary to protect the City’s interest regarding the release of documents not authorized by law.
(f) Council shall approve a fee schedule for the reproduction of records. The Clerk of Council, Clerk of Courts, the Police Division, or Community Development Division (as appropriate) shall determine the cost of media types or records not contained on the fee schedule on a case by case basis.
(1) Records shall be available only on the media created through the normal operations of the City.
(2) Prepayment will be required for large and/or burdensome requests as well as for records to be faxed or mailed. Said prepayment shall include the costs of mailing supplies and postage.
(Ord. 1519-04. Passed 2-26-04.)