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The purpose of this subchapter is to establish the location of certain public records of the town, to establish certain requirements for the preparation of records relating to financial information of the town and provide for penalties for the violation of this subchapter.
(1991 Draft Code, § 2-158) Penalty, see § 36.999
The Clerk of the Town, Clerk of the Town Court, Police Chief, the Town Manager, Human Resources and other departments as legally required, shall keep in their offices, or in the building in which their offices are located, at all times, all records that they are required to create and prepare as public officials or employees and agents of the town and shall deliver them to their successors.
(1991 Draft Code, § 2-159) (Ord. 14-90, passed 9-10-1990; Ord. 34-2023, passed 11-27-2023)
Penalty, see § 36.999
All official records of the town in any way relating to financial transactions of the town or funds of any kind received or spent by the town or any of its departments prepared in longhand and required to be kept by any person named in § 36.002 shall be prepared and maintained by the use of permanent jet-black, nonfading ink or in accordance with legally accepted or authorized electronic documentation.
(1991 Draft Code, § 2-160) (Ord. 14-90, passed 9-10-1990; Ord. 34-2023, passed 11-27-2023)
(A) I.C. 5-14-3 et seq. sets forth the law concerning access to public records in Indiana.
(B) Pursuant to I.C. 5-14-3-3, the form attached to this chapter as Appendix A, which may be amended from time to time by the Town Council, must be fully completed by all individuals or entities requesting access to public records from the town pursuant to I.C. 5-14-3 et seq.
(C) Pursuant to I.C. 5-14-3-3, the town shall require all individuals or entities requesting access to public records pursuant to I.C. 5-14-3 et seq. to make copies of the records in person, on the town's equipment. When a request for access to public records is granted, the town will designate the appropriate location where the requester will be able to access and/or make copies of responsive records. The appropriate location will be selected pursuant to the Town Department in control of the records at issue. If the town lacks the appropriate equipment for copying the responsive records, the requester may use his, her, or its own equipment to make copies, in person at the location designated by the town. The town further reserves the right, at its sole discretion, to utilize email and/or fax to fulfill small requests for public records available electronically.
(D) If an individual or entity has submitted a request for public records to the town that is in the process of being responded to by the town, the time for actually providing documents for any subsequent request for public records by the same individual or entity shall not commence until a response to the earlier request by such entity or individual has been completed by the town.
(Ord. 3-2019, passed 1-28-2019; Ord. 17-2023, passed 4-24-2023)
(A) Any individual or entity receiving public records or information, pursuant to a request made under I.C. 5-14-3-3(d), shall not use the records or information for commercial purposes. This prohibition does not apply to the use of such records in connection with the preparation or publication of news, for nonprofit activities, or for academic research.
(B) A person who uses information in a manner contrary to this section may be prohibited by the town from obtaining a copy of any further data under I.C. 5-14-3-3(d).
(Ord. 25-2023, passed 8-14-2023)
AMERICANS WITH DISABILITIES ACT (ADA)
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