Policy 1450 – Public Access to District Documents

(Regulation 1450)
(Adopted – October 20, 2021)

The District provides public access for the inspection and copying of the District’s public records. As a general practice, the District requires advance payment of a copy fee that does not exceed ten (10) cents per page for pages not larger than nine by fourteen inches and a search and duplication fee that does not exceed the average hourly rate of pay for District clerical staff. However, copies of the District’s public records may be provided without a fee or at a reduced fee when the Board determines that a reduction is in the public interest. In assessing fee reductions, the Board will consider the potential that the reduction will significantly contribute to public understanding of the District’s operations and will consider the degree of commercial value to be gained by the person requesting a fee reduction. In accordance with state law, search time that would require more than clerical duplication of documents may be charged at the actual cost of research time.

Similarly, the District will provide public access for inspection and duplication of the District’s public records maintained on audio, video, or similar media. Public access includes but is not limited to computer facilities, recording tapes, discs, videotapes, films, pictures, slides, graphics, and illustrations. The District requires advance payment not to exceed the cost of copies, staff time (not to exceed the average hourly rate of pay for clerical staff), and the cost of the disk or tape used for duplication.

In order to facilitate public access to the District’s public records, the Board will appoint a custodian of records. The custodian will be responsible for maintaining the District’s public records as well as for assuring access to the District’s public records. The identity, business address, and office telephone number of the custodian of records will be published annually and will be available at the District’s administrative office. The procedures for implementing public access provided in this policy are set forth in Regulation 1450.

Public Records

As defined by state statute and provided in Board policy, public records include but are not limited to reports, surveys, memoranda, documents/studies prepared and presented to the Board by consultants or other professional service paid for in any part by public funds, provided that such “records” are retained by the District.

The phrase public records does not include:

1. Creation of a document not retained or creation of a summary/compilation of District data where such compilation or summary is not an existing, retained record.
2. Internal memoranda or correspondence received by or prepared by or on behalf of the Board where such documents involve advice, opinions, or recommendations related to the Board’s decision-making process. However, if such memoranda or correspondence is retained by the District or are presented at a public meeting, they will be deemed public records subject to public access.

Request for Inspection and/or Duplication

1. Requests for access or duplication of the District’s public records must be made to the District’s designated custodian of records.
2. Upon receipt, the custodian/designee will provide or deny records within three (3) business days of the request. The date of request will not be counted as one of the three (3) business days provided for response. Where reasonable cause exists the three-day response period may be exceeded.
3. If access is not immediately provided, the custodian/designee will provide the person requesting access with a detailed explanation of the reason for the delay. The custodian/designee will advise of the earliest date, time, and place when access will be provided.
4. If access is denied, the custodian/designee will provide the person requesting access with a written explanation of the reason for denial of access. The written explanation will provide the specific provision of law relied upon in denying access and will be provided within three (3) days of the date when access was denied.
5. Fees for obtaining and duplication of the District’s public records must be received prior to copying unless the fee has been waived by the Board. Upon request of the person requesting duplication, the custodian/designee will certify that the actual cost of document search and duplication does not exceed the allowable charges for public records set out in state law.

Unauthorized Removal of Public Records

No person is permitted to remove original public records from District facilities without written permission of the custodian of records/designee. Employees who violate this provision are subject to discipline up to and including termination. Violators may be referred to law enforcement officials.

Commercial Use of District Records

No person or business entity will be provided with the exclusive right to have access to, control over, duplication of, and dissemination of the public records of the District.