HomeMy WebLinkAbout2022-06-20 Resolution 2022-265_Examination, Copying of Public Records Policy Amendment 3THE CITY OF WAUKEE, IOWA
RESOLUTION 2022-265
APPROVAL OF POLICY FOR EXAMINATION AND COPYING OF
PUBLIC RECORDS, AMENDMENT NO.3
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, on May 15, 2006, the Waukee City Council approved a Policy on Examination and
Copying of Public Records (Resolution #06-103), hereinafter known as "The Policy'; AND,
WHEREAS, as needed or required, the Waukee City Council has approved various amendments
to the Policy; AND,
WHEREAS, City staff, in consultation with the City Attorney, recommends the Policy be
amended to reflect current standard practices and applicable law; AND,
WHEREAS, pursuant to Iowa Code Section 22.3, the City may adopt and enforce reasonable
rules regarding the examination and copying of the records and the protection of the records
against damage or disorganization; AND,
WHEREAS, the City may also charge a reasonable fee for services in supervising the
examination and copying of the records;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa in
session this 20t' day of July, 2022, that Amendment No. 3 to the Policy on Examination and
Copying of Public Records, which is attached hereto as Exhibit A and by this reference is
incorporated herein, be approved.
BE IT FURTHER RESOLVED that said Amendment No. 3 shall go into effect July 1, 2022.
Courtney Clarke, Mayor
Attest:
U 1&4M
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce X
R. Charles Bottenberg X
Chris Crone X
Larry R. Lyon X
Ben Sinclair X
EXHIBIT A
EXAMINATION AND COPYING OF PUBLIC RECORDS
GENERAL POLICY:
It is the policy of the City of Waukee to meet all requests for information and documents within
the constraints of Iowa Code Chapter 22. The purpose of this policy is to fix fees for public
examination and photocopying. The City of Waukee recognizes the right of the public to access
public records maintained by the City in accordance with state law. The City also recognizes
that certain records maintained by the city are not public records or may be exempt from public
disclosure and that a request to access public records may require a balance of the right of the
public to access the records, individual privacy rights, governmental interests, confidentiality
issues, and privilege issues. Additionally, when the City responds to requests to inspect or copy
records, costs are incurred by the City. This policy is adopted to balance these competing
interests, to establish an orderly and consistent procedure for responding to public records
requests and to support the adoption of a fee schedule designed to reimburse the City for the
actual costs incurred in responding to public records requests.
PROVISIONS:
1) This policy applies to all City departments, except the Fire and Police Departments which
have their own public records policies and fee schedules. This policy is not intended to
preclude verbal responses to routine requests for information.
2) The Police Chief is the lawful custodian of police records, the Fire Chief is the lawful
custodian of fire records, and the City Clerk is the lawful custodian of all other city
records.
3) Requests for records should be made to the lawful custodian of said records. Any request
for access to public records maintained by the City of Waukee, with the exception of
police and fire records, must be referred to the City Clerk for review of the request.
4) The following fee schedule shall apply:
a) photocopies $0.25 per page (black and white);
$0.50 per page (color)
b) electronic media* $5.00 per CD (data files)
$5.00 per DVD (audio/video)
$10.00 per USB drive
$10.00 per GIS file
*All open records requests that are responded
to by electronic media shall be done so that the
document may not be altered.
c) routinely prepared or bound reports Actual cost(s) to produce
d) hourly rate for clerical time needed
for the reproduction of photocopies
e) hourly rate for professional staff
time needed to produce or review
documents
Actual cost(s) of employee time if time
involved exceeds thirty (30) minutes
Actual cost(s) of employee time if time
involved exceeds thirty (30) minutes
5) All parties are asked to complete a Request for Examination and Copying of Public
Records form to allow the City to promptly respond to requests. The purpose of the form
is to allow the City to seek clarification of public records requests as the City is unable to
provide a response if a request is vague or if the City cannot reasonably determine what
records have been requested.
6) No original public records or documents can be removed from the premises at which they
are stored. Parties requesting the inspection of public records may do so at a date and
time during regular City business hours that is established by the custodian and in an on -
premise room as arranged by the custodian.
7) The requesting party shall receive the desired photocopies after all costs are paid. No
copies shall be released until full payment is received by the custodian. All custodians
shall collect the fee, provide a receipt to the requesting party, and remit the money and
copy of the receipt to the Finance Department.
8) The custodian will make every attempt to fill all open record requests in a timely manner
in compliance with applicable law.
9) The custodian may consult with other City staff concerning requests for records that may
include privileged or confidential records, such as medical records, personnel files,
documents concerning litigation, documents related to library patrons, etc. Any request
for these types of records shall be referred to the City Attorney for review and response.
10) The City reserves the right to adjust the above fee schedule in the event of unanticipated
costs.