A Resolution of the Board of County Commissioners

of Las Animas County, Colorado

Establishing Charges regarding Public Records Requests

Resolution No. 14-027

Whereas, Colorado Revised Statute§ 24-72-205 of the Colorado Open Records Act provides that a custodian may impose fees in response to a request for public records; and

Whereas, In 2007 through Resolution #07-40, Las Animas County established a policy regarding fees and charges for the copying, research, and retrieval of public records; and

Whereas, House Bill 14-1193 made changes to the Colorado Open Records Act regarding the imposition of research and retrieval fees; and

Whereas, Las Animas County desires to update its policies regarding charges to be imposed when public records are requested.

Now, therefore be it Resolved by the Board of County Commissioners of Las Animas County, Colorado, that:

  1. Las Animas hereby establishes the following policies relating to the copying of public records:
    1. Custodians shall charge a fee of twenty-five cents per standard page for a copy of a public record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a public record in a format other than a standard page.
    2. These fees shall apply except where the fee for a certified copy or other copy, printout, or photograph of a record is specifically prescribed by law. In such instances, the specific fee prescribed by law shall apply.
  2. The person or entity requesting the public record shall pay all costs associated with the transmittal of any public record. Except, custodians shall not charge a transmission fee for public records transmitted via email.
  3. If a specific request causes the Custodian to manipulate data or results in a computer output other than word processing, the Custodian shall charge the fees and costs allowable under Colorado Revised Statutes§ 24-72-205(3) & (4).
  4. Custodians shall impose a fee of Thirty Dollars ($30.00) per hour for the research and retrieval of public records by the custodian, regardless of whether the documents are to be transmitted off-site or inspected on-site. The research and retrieval fee shall be based on half ( l /2) hour increments. However, custodians shall not impose a charge for the first hour of time expended in connection with the research and retrieval.
  5. All previous Las Animas County resolutions regarding copying costs and research and retrieval fees for public records are hereby repealed.

Upon motion made and seconded, and an affirmative vote, this Resolution was adopted this 27th day of May, 2014.
By Order · the Board of County Commissioners of Las Animas County, Colorado