(A) Form and content of public records request.
(1) All requests for inspection or copying of public records must be:
(a) In writing; and
(b) Identify with reasonable particularity the record(s) being requested.
(2) No request complying with the Indiana Access to Public Records Act may be denied for failure to state the purpose of the request.
(B) Public records request. Any person making a request that complies with the requirements of division (A) above may inspect and copy the public records during the regular business hours of the county. If the county maintains the requested record in an electronic storage data system, and the county is able to retrieve those records through reasonable efforts, then the county shall provide a copy of all disclosable data via disk or any other method of electronic retrieval.
(C) Use of information for commercial purpose.
(1) Notwithstanding the above, if any office holder, department or division of the county believes the request is for any kind of commercial purpose, then all such persons making requests for public records must first verify in writing that they will not use the information for commercial purposes, including a statement that the requesting party shall not 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. The verification shall be in the form prescribed herein, and the office holder, department or division of the county is under no obligation to comply with the request for records until this verification has been received.
(2) Use of information in connection with the preparation or publication of news, for nonprofit activities, or for academic research shall not be considered as use for commercial purposes and does not require written verification.
(D) Violations. A person who uses information in a manner contrary to this section or the verification provided for herein shall be prohibited from obtaining a copy of the requested data or any additional or future data requests from the county.
(E) Reasonable effort to provide public records. The county shall make reasonable efforts to provide public records contained within an electronically stored data system to any person complying with the requirements of this section. For purposes of this section, REASONABLE EFFORTS shall be determined in the discretion of the office holder, department or division of the county in which the records are kept.
(F) Form of verification. The verification provided for in division (C) above shall be in the following form.
VERIFICATION OF NO COMMERCIAL PURPOSE
To: ______________________________________ (Requesting Party)
______________________________________ (Address)
______________________________________
From: ______________________________________ (County Office)
______________________________________ (Name)
______________________________________ (Title)
This office acknowledges receipt of your request pursuant to the Indiana Access to Public Records Act, I.C. 5-14-3 et seq., for certain records to be provided in an electronic format. We have determined your request may be for commercial purposes. Before responding to your request, please date and sign the form below and submit to the office listed above.
I, __________________________________, representing ___________________________________, the requesting party, do hereby swear and affirm that the information requested and to be provided to me shall not be sold, advertised, or solicited for purposes of purchasing merchandise, goods or services by any party, nor will the information be sold, loaned, given away or otherwise delivered in any manner to any other person for these purposes. I furthermore acknowledge that any breach of this verification may result in the requesting party being prohibited from any additional or future records requests from Warrick County under Indiana law.
Signed: ______________________________________
Printed: ______________________________________
Dated: ______________________________________
(BC Ord. 2014-11, passed 4-14-14)