EAST CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT

AMENDED AND RESTATED RULES RELATED TO REQUESTS FOR INSPECTION  OF PUBLIC RECORDS  PURSUANT TO 

THE COLORADO OPEN RECORDS ACT, SECTIONS 24-72-200.1 et seq., C.R.S.

  WHEREAS, East Cherry Creek Valley Water and Sanitation District (the “District”) is a special district organized and existing pursuant to Sections 32-1-101 et seq., C.R.S.; and

  WHEREAS, the District is a political subdivision for purposes of the Colorado Open

Records Act, Sections 24-72-200.1 et seq., C.R.S., as may be amended from time to time

(“CORA”), as defined in Section 24-72-202(5), C.R.S., and is thus subject to CORA; and

 WHEREAS, the District has designated an “Official Custodian,” as that term is defined in Section 24-72-202(2), C.R.S., who is responsible for the maintenance, care, and keeping of the District’s public records, regardless of whether the records are in his or her actual personal custody and control; and

 WHEREAS, pursuant to Section 24-72-203(1)(a), C.R.S., the Official Custodian may make such rules with reference to the inspection of public records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the Custodian (as defined in CORA) and the Custodian’s office; and  

 WHEREAS, the Official Custodian finds it is necessary and in the best interests of the District to adopt certain rules with reference to the inspection of its public records.

NOW, THEREFORE, THE OFFICIAL CUSTODIAN MAKES AND ADOPTS THE

FOLLOWING RULES WITH REFERENCE TO THE INSPECTION OF THE EAST

CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT’S PUBLIC RECORDS:

 1.     Inspection of Public Records.  All “Public Records” of the District, as such term is defined in Section 24-72-202(6), C.R.S., shall be available for public inspection by any person at reasonable times as provided in CORA, except as otherwise provided in CORA or as otherwise provided by law.  To ensure requests are received by the Official Custodian or his designee(s), all requests for Public Records shall be  made via e-mail to CORA@eccv.org.  Upon the receipt of a request to inspect Public Records, the Official Custodian or his or her designee shall furnish permitted Public Records within three (3) working days or less from the date such Public Records were requested for inspection unless extenuating circumstances exist as provided in Section 24-72-203(3)(b), C.R.S.  The day the request is received, weekends, and legally recognized holidays shall not count as a working day for the purposes of computing the date set for inspection of Public Records.  A modification to a request for Public Records is considered a new request.

2.     Notification for Inspecting Public Records Not Under Control of the Official Custodian.  If the Public Records requested are not in the custody or control of the Official Custodian, the Official Custodian or his or her designee shall notify the person requesting to inspect such records that said records are not in the custody or control of the Official Custodian.  The notification shall state in detail to the best of the Official Custodian’s knowledge and belief, the reason for the absence of the records, the location of the records, and what person has custody or controls the records.

3.     Notification for Inspecting Public Records in Use or Otherwise Unavailable.  If the Public Records requested are in active use, in storage, or otherwise not readily available at the time requested, the Official Custodian or his or her designee shall notify the person requesting to inspect the Public Records of the status of the Public Records.  Such notification shall be made in writing if desired by the person requesting to inspect the Public Records.  

4.     Copies of Public Records.  Within the period specified in Section 24-72-203(3), C.R.S., the Official Custodian or his or her designee shall notify the person requesting a copy of the Public Records that a copy of the Public Records is available but will only be sent to the requester once the Official Custodian either receives payment or makes arrangements for receiving payment for all costs associated with records transmission and for all other fees lawfully allowed, regardless of whether provided for herein, unless recovery of all or any portion of such costs or fees has been waived by the Official Custodian.  Upon receipt of such payment, the Official Custodian or his or her designee shall send a copy of the Public Records to the requester as soon as practicable but no more than three (3) working days after receipt of, or making arrangements to receive, such payment.

5.     Fees for Copies of Public Records.  The Official Custodian or his or her designee shall furnish, for a fee as set forth herein, a copy, printout, or photograph of the District’s Public Records requested. The fee shall be twenty-five cents ($0.25) per standard page, or such other maximum amount as authorized by Section 24-72-205(5), C.R.S., for a copy, printout, or photograph of the Public Record except as follows:

a.     No per-page fee may be charged when the District’s Public Records are provided in a digital or electronic format;

b.     When the format is other than a standard page, the fee shall not exceed the actual cost of providing the copy, printout, or photograph;

c.     If other facilities are necessary to make a copy of the Public Records, the cost of providing the copy at the other facilities shall be paid by the person requesting the copy; 

d.     If the Public Records are a result of computer output other than word processing, the fee for a copy, printout, or photograph thereof may be based on recovery of the actual incremental costs of providing the electronic services and products together with a reasonable portion of the costs associated with building and maintaining the information system; 

e.     If, in response to a specific request, the District has performed a manipulation of data so as to generate a record in a form not used by the District, a reasonable fee may be charged to the person making the request, which fee shall not exceed the actual costs of manipulating the data and generating the record in accordance with the request; and

f.      Where the fee for a certified copy or other copy, printout, or photograph of a Public Record is specifically prescribed by law, that specific fee shall apply in lieu of the fee(s) set forth herein.

6.     Transmission Fees.  In addition to the fees set forth above, where the person requesting the Public Record requests the transmission of a certified copy or other copy, printout, or photograph of a Public Record by United States mail or other non-electronic delivery service, the Official Custodian or his or her designee may charge the costs associated with such transmission, except that no transmission fees may be charged to the records requester for transmitting a Public Record via electronic mail.

7.     Research and Retrieval Fees.  In addition to the fees set forth above, in accordance with Section 24-72-205(6), C.R.S., the Official Custodian or his or her designee may charge a research and retrieval fee of $33.58 per hour, or such other maximum hourly fee as may be adjusted from time to time pursuant to Section 24-72-205(6)(b), C.R.S., for time spent by the District’s directors, employees, agents, and consultants researching, retrieving, gathering, collecting, compiling, preparing, redacting, manipulating, and/or otherwise producing records in order to respond to a request for Public Records.  Provided, however, that such research and retrieval fee may not be imposed for the first hour of time expended in connection with such research and retrieval activities related to a request for Public Records, but may be imposed for each subsequent hour. 

8.     Payment of Fees.  All fees associated with production of the District’s Public Records requested by the person inspecting said Public Records, as set forth in Paragraphs 4 through 7 above, shall be received by the District before the delivery or inspection of said Public Records. If the District allows the public to pay for other services or products provided by the District with a credit card or other electronic payment method, the District shall allow the person requesting inspection of the Public Records to pay any fees or deposit associated with a record request via a credit card or other electronic payment method.  In addition to the fees set forth in Paragraphs 4 through 7 above, the Custodian or his or her designee may also charge any service charge or fee imposed by the processor of a credit card or electronic payment.

9.     In Force Until Amended or Repealed. These rules of the Official Custodian shall remain in full force and effect unless and until such time as they are amended or repealed by the Official Custodian regardless of any change in either the individual serving as, or the designation of, the Official Custodian of the District.

10.  Repealer.  These rules of the Official Custodian shall supersede all previous versions of rules, regulations, practices and policies of the District related to inspection of Public Records.

ADOPTED, APPROVED, AND MADE EFFECTIVE on July 30, 2024.

By: David J. Kaunisto

Official Custodian of Public Records

East Cherry Creek Valley Water and Sanitation District