City Council Minutes 2006 07 18 - Laserfiche WebLink

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City Council Meeting Minutes July 18, 2006 Page 3 of 7 MOTION: Mayor Sisk moved to continue Ordinance No. 1456, Series 2004 to September 19, 2006. Council member Clabots seconded the motion. All in favor. Absent: Council member Marsella. RESOLUTION No. 28, SERIES 2006 - A RESOLUTION ADOPTING UPDATED PUBLIC RECORDS REQUEST PROCEDURES AND FEES FOR THE CITY OF LOUISVILLE, AND DESIGNATING THE OFFICIAL CUSTODIANS OF CITY RECORDS Mayor Sisk requested a Staff presentation. City Manager Simmons explained Resolution No. 28, Series 2006 updates the City's Public Records Procedures and Fees statement, and designates City staff as the official custodian for different records. The prior version of the Charter expressly stated the City Manager shall prepare the procedure for records access, including a schedule of fees. Ballot Issue 200 repealed that and did not reinsert any similar language; rather, it added the statement that the City may adopt rules and regulations to prevent the abuse by persons of open records requests. Under the Colorado Open Records Act, all three of these functions; the promulgation of procedural rules, fees and non-abuse rules are functions assigned to the official custodian. In addition, a recent court ruling established that the traffic accident reports prepared by City police officers on state DR 477 forms are considered public records and should be provided through the City Clerk's office. These were previously considered to be criminal justice records. Resolution No. 28 adopts updated public records request procedures and fees. The resolution also designates the City Clerk as the official custodian of all public records of the City, with the following exceptions: . The Chief of Police shall be the official custodian of criminal justice records . The Human Resources Manager shall be the official custodian of personnel records; and . The Director of Finance shall be the official custodian of utility billing records. There was discussion relative to the fee schedule and inquiries about the misuse of the process by open records requestors. MOTION: Council member Muckle moved to approve Resolution No. 28, Series 2006, seconded by Council member Sackett. Roll call vote was taken. The motion passed by a vote of 6-0. Absent: Council member Marsella.