Chapter 2.84
PUBLIC RECORDS
Sections:
2.84.020 Request for inspection or copying.
2.84.040 Protection of records.
2.84.010 Definitions.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Applicant” means a person requesting the inspection or copying of a public record under IC 5-14-3-1 et seq.
“Public agency” means the county and any of its boards, commissions, departments, divisions, bureaus, committees, agencies, offices, instrumentalities, or authorities.
“Public record” means any writing, paper, report, study, map, photograph, book, card, tape recording, or other material subject to inspection or copying under IC 5-14-3-1 et seq. (Prior code § 37.01)
2.84.020 Request for inspection or copying.
A. Each public agency is authorized to establish procedures for the processing of requests for the inspection and copying of public records under IC 5-14-3-1 et seq.
B. Any such procedure adopted by a public agency may include any one or more of the following elements:
1. Any person who desires to inspect or copy a public record under IC 5-14-3-1 et seq. shall make a request for such inspection or copying to the public agency have custody of such record;
2. The request shall be in writing on forms supplied by the public agency;
3. The applicant shall identify with reasonable particularity the record being requested, including the following, if known to the applicant: the date of the record, the nature of the record, the person who generated the record, the subject matter of the record and any other fact relating to the record which would be of assistance to the public agency in identifying and locating same with a minimum of interference with the regular discharge of the functions or duties of the public agency or public employees having custody of such record;
4. Upon receipt of such written request, the public agency shall promptly determine whether or not the requested record is subject to inspection and copying under IC 5-14-3-1 et seq. and shall so advise the applicant;
5. If the document is subject to inspection and copying under IC 5-14-3-1 et seq., and the applicant has requested the public agency to copy such record, the public agency shall determine the appropriate copying fee for such record, based on the fee schedule authorized by this chapter;
6. The copying fee shall be paid in advance. Such fee shall be payable only in cash or by cashier’s check, certified check or money order payable to the county;
7. As evidence of payment of the copying fee, the public agency shall deliver to the applicant, along with the copied record, a written receipt of payment, the duplicate of which shall be retained by the public agency;
8. On or before the tenth day of each month, the public agency shall remit all proceeds received from copying performed under this chapter during the immediately preceding month to the county auditor, together with all duplicate receipts of payment for such month. All funds thus received the county auditor shall be deposited in the general fund.
(Prior code § 37.02)
2.84.030 Copying fees.
A. Each public agency is authorized to establish reasonable rates and charges, when such reasonable rates and charges are not otherwise established by ordinance or statute, for copying any public record which is subject to inspection and copying under IC 5-14-3-1 et seq.
B. The fee schedule so established may take into account the type of record being copied, the size of the record, the number of pages contained in it and any other factors which affect the cost of copying. The fees so established may not exceed the actual cost of copying the record by the public agency.
C. If any public agency does not have reasonable access to a machine capable of mechanically reproducing a public record requested to be copied, then the applicant is only entitled to inspect and manually transcribe the record.
(Prior code § 37.03)
2.84.035 Accident report fee.
A. Pursuant to IC 9-26-9-3(a), the Vanderburgh County Sheriff’s Office is authorized to charge a $10.00 fee for the physical or electronic production of an accident report.
B. Pursuant to IC 9-26-9-3(b)(2), the fee collected shall be deposited into the existing Vanderburgh County Sheriff’s Office accident report account and may be expended at the discretion of the County Sheriff for any purpose reasonably related to the creation, storage or delivery of accident reports or for the prevention of County roadway accidents.
(Ord. 12-18-022 § 1, added, 12/5/2018)
2.84.040 Protection of records.
A. Each public agency is authorized to established procedures for the protection of public records in its custody from loss, alteration, mutilation, or destruction and regulate any material interference with the regular discharge of the functions or duties of the public agency or public employees therein.
B. In general, the following rules apply to all public agencies:
1. Inspection of public records shall be closely supervised by the public agency so as to minimize the risk of loss, alteration, mutilation, or destruction of any public record subject to inspection under IC 5-14-3-1 et seq.
2. No public record shall be allowed to leave the custody of the public agency except under a valid and effective order of a court of competent jurisdiction or directive of the board of county commissioners or the county council.
3. No person who is in violation of any provision of this chapter is entitled to inspect or copy a public record until such time as the violation is cured.
(Prior code § 37.04)
2.84.050 Violation--Penalty.
A. Any person who removes, alters, mutilates, or destroys or attempts to remove, alter, mutilate, or destroy any public record in the custody of a public agency shall be subject to a civil penalty of not less than ten dollars ($10.00) and not more than two thousand five hundred dollars ($2,500.00) for each violation.
B. Each day a violation exists shall be considered a separate violation, and a court of competent jurisdiction may assess a monetary civil penalty for each day the violation exists.
C. The public agency having custody of the public record may accept payment of a minimum monetary civil penalty from the person responsible for the violation prior to the initiation of litigation if the public agency deems it to be in the best interest of the county that a higher penalty not be sought through litigation.
D. The penalties provided in this section are in addition to any penalties imposed by state law.
(Prior code § 37.99)