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File #: ID-275-14    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 11/18/2014 In control: City Council
On agenda: 12/16/2014 Final action:
Title: 2186 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO AMENDING SECTION 1-27-40, FEES AND CHARGES, OF THE BRIGHTON MUNICIPAL CODE TO AMEND FEES CHARGED FOR TIME REQUIRED TO RESEARCH, RETRIEVE, COPY AND/OR REDACT RECORDS PRODUCED IN RESPONSE TO REQUESTS MADE UNDER THE COLORADO OPEN RECORDS ACT; AND SETTING FORTH DETAILS RELATED THERETO
Attachments: 1. Code Amendment Research & Retrieval Fees
Body
Department of City Clerk
Reference:       Amend Municipal Code regarding Research and Retrieval Fees
 
To:                  Mayor Richard N. McLean and Members of City Council
Through:            Manuel Esquibel, City Manager
Prepared By:            Natalie Hoel, City Clerk
Date Prepared:      November 18, 2014
PURPOSE
To Amend by Ordinance the Brighton Municipal Code Section 1-27-40, Subsection (d)(2), (d)(6) and (d)(8)(a) regarding fees and charges for time required to research, retrieve, copy and/or redact records produced in response to requests made under the Colorado Open Records Act of the Brighton Municipal Code.
 
BACKGROUND
The Colorado State Legislature adopted HB 14-1193 regarding Open Records, Research and Retrieval Fees requires that the first hour of research and retrieval service shall be free, and the fee may not exceed $30.00 per hour effectively July 1, 2014.  
 
A custodian may impose a research and retrieval fee for records only if the custodian has in place a written policy, posted on the custodian's website or published, that specifies "applicable conditions" in research and retrieval and the amount of any fee. The City Clerk's office created a Policy several years ago, which will be updated to address the new rule regarding the research and retrieval fees.
 
FINANCIAL IMPACT
N/A
 
OPTIONS FOR COUNCIL CONSIDERATION
1)      Approve
2)      Not approve