Requests for Public Records under the Colorado Open Records Act

From Section 1-1-603 of the Board Policy Manual

1-1-603 Requests for Public Records under the Colorado Open Records Act

The following constitutes the policy of the University of Northern Colorado regarding requests for inspection of "public records" ("Request") as that term is defined under the Colorado Open Records Act ("CORA"), C.R.S. § 24-72-201 et seq. The provisions of this policy are reasonably necessary for the protection of the University's public records and the prevention of unnecessary interference with the regular discharge of the duties of the Director of University News and Public Relations, who is the Official Custodian of records for the University ("Custodian").

(1) All Requests must be submitted in writing to the Custodian. Requests other than those made in writing and/or those made to any other person or office within the University will not be accepted. In addition to any requirements under CORA, a Request must:

(a) be identified as a "Colorado Open Records Act" or "CORA" Request;

(b) include the requester's name, mailing and email address;

(c) be sent to the Custodian at fax: 970-351-1834 or mailing address: University of Northern Colorado, ATTN: CORA Request, Carter Hall 2009, Campus Box 4, Greeley, CO 80639; and

(d) describe the requested public records in enough detail (including but not limited to the relevant dates covered by the Request) to enable the Custodian, or the employee(s) designated by the Custodian, to locate such records in a reasonable amount of time and with a reasonable amount of effort.

(2) The Custodian is not obligated to act upon a Request for public records unless it meets each of the requirements of sub-sections (1)(a) through (d). Due to spam filters and similar computer software, the University cannot guarantee that an email Request has been received by the Custodian and, therefore, Requests made by email will not be automatically accepted. At the sole discretion of the Custodian, email Requests may be accepted by the Custodian but shall be deemed rejected unless and until the Custodian expressly confirms acceptance.

(3) If a Request complies with sub-sections (1)(a) through (c), above, but not with sub-section (1)(d), above, the Custodian may, in his/her discretion, not act on the Request as it does not comply with each of the requirements of this paragraph or, in the alternative, require that the requestor provide additional information in order to comply with sub-section (1)(d).

(4) The time allowed under CORA for response to a Request shall begin on the first business day after the University's receipt of a Request that complies with the requirements of this policy.

(5) Charges for responses to Requests are:

(a) for photocopies of public records, $0.25 per page or, for documents in non-standard formats, the actual duplication costs incurred for the copy;

(b) where more than one (1) hour of total time of the Custodian and/or the employees(s) designated by the Custodian is required to respond to the Request, the requestor will be charged, unless waived by the Custodian, a reasonable fee based on the actual cost of responding, including the Custodian's and/or the employee(s)' time spent gathering, preparing, redacting and copying the requested records, at hourly rate of pay of the Custodian and/or the employee(s) who performed the work;

(c) where a manipulation of data is performed to generate a record in a form not used by the University, the requestor will be charged, unless waived by the Custodian, a reasonable fee not to exceed the actual cost of manipulating the data and generating the record;

(d) where the record is a result of computer output other than word processing, the requestor will be charged, unless waived or reduced by the Custodian, the actual incremental costs of providing the electronic services and products together with a reasonable portion of the costs associated with building and maintaining the information system and/or

(e) unless waived by the Custodian, the cost of transmitting the records to the requestor by United States mail or other delivery service.

(6) Subsequent to the approval of this policy, if CORA is amended to reduce or eliminate the maximum amount of any charges described in section (5), above, the policy will be applied consistent with the provisions of such amendments.

(7) If the total charges for the response to a Request as described in this policy are expected to exceed $20.00, the Custodian or designee will provide the requestor with an estimate of the cost of responding prior to responding and the Custodian may require, at his/her discretion, that a deposit or the estimated amount of the cost of responding be received from the requestor prior to commencing work on the response and, in such case, the time allowed for response to the Request shall begin on the first business day after receipt by the University of the deposit.

(8) If a requestor wishes to inspect records responsive to a Request in advance of receiving copies, such inspection shall be arranged by prior appointment during normal business hours at the Custodian's office, or such other University location designated by the Custodian. Such inspection must be supervised by the Custodian or the employee(s) designated by the Custodian and the requestor may be charged a reasonable fee for the Custodian's and/or the employee(s)' time spend in supervising the inspection. Requests for inspection of records will not take priority over the regular work responsibilities of the Custodian or the employee(s) designated by the Custodian to supervise the inspection.

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