HomeMy WebLinkAbout15699RESOLUTION NO. 15699
A RESOLUTION ADOPTING NEW POLICIES AND
PROCEDURES FOR RESEARCH, RETRIEVAL, AND COPYING
OF PUBLIC RECORDS AND CRIMINAL JUSTICE RECORDS
WHEREAS, sections 24-72-201 et. seq. and 24-72-301 et. seq. of the Colorado
Revised Statutes authorize the City to adopt rules concerning the inspection of Public Records
and Criminal Justice Records and set fees for research and retrieval of those records; and
WHEREAS, the City currently charges $33.58 per hour for research and retrieval of
public records and criminal justice records as established by Resolution No. 14455; and
WHEREAS, the Colorado Legislature has recently increased the maximum amount that
the City is allowed to charge for such services from $33.58 per hour to $41.37 per hour, in order
to account for inflation over the past five years; NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
approved as to form by the City Attorney, are hereby approved.
SECTION 2.
having been approved as to form by the City Attorney, are hereby approved.
SECTION 3.
All prior Resolutions inconsistent with this Resolution are hereby rescinded.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution to effectuate the policies and procedures described
herein.
SECTION 5.
This Resolution shall become effective immediately upon final approval.
INTRODUCED: July 22, 2024
BY: Regina Maestri
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
City Clerk's Office Item # M12
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: July 22, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Marisa Stoller, City Clerk
SUBJECT: A RESOLUTION ADOPTING NEW POLICIES AND PROCEDURES FOR
RESEARCH, RETRIEVAL, AND COPYING OF PUBLIC RECORDS AND
CRIMINAL JUSTICE RECORDS
SUMMARY:
Attached is a Resolution adopting updated procedures for the research, retrieval and
copying of Public Records and Criminal Justice Records as required by Colorado Law.
PREVIOUS COUNCIL ACTION:
On January 28, 2008, the City Council passed and approved Resolution No. 11209
which established fees associated with the research, retrieval and copying of public
records and criminal justice records.
On June 9, 2014, City Council passed and approved Resolution No. 12975 which
updated the fees associated with the research, retrieval and copying of public records
and criminal justice records.
On June 27, 2016, the City Council passed and approved resolution 13462 adopting
rules governing access to public records in accordance with state law and Resolution
No. 12975.
On August 14, 2017, the City Council passed and approved Resolution 13745
rescinding Resolution 13462 in whole and Resolution No. 12975 in part and adopting 2
CPR 901 et. seq. governing access to public records in accordance with state law.
On August 10, 2020, the City Council passed and approved Resolution 14455
rescinding Resolution 13745 inter alia, and adopting updated governing rules to access
to public records in accordance with state law.
BACKGROUND:
On July 1, 2024, the Colorado Legislature increased the maximum fee the city may
charge for research and retrieval of public records to $41.37 per hour. This adjustment
was made based on inflation between 2019 and 2024. The first hour of research and
retrieval of public records is still free of charge (the first hour of research and retrieval
for criminal justice records is not free of charge).
Under Section 24-72-306 of the Colorado Revised Statutes Criminal Justice Records
do not have a limit on how much can be charged for search, retrieval, and copying but
f uniformity this
resolution will adopt rules setting Criminal Justice records fees in line with Public
Records fees.
fees for research and retrieval of public records and criminal justice records to $41.37
per hour. The decision to raise the fee for both records requests was made to make
calculations easier for both requestors and city staff.
FINANCIAL IMPLICATIONS:
Public Records: The City currently charges $33.58 per hour for every hour of staff time
over 60 minutes that it takes to produce public records. The increase to $41.37 for
every hour over 60 minutes that it takes to produce public records is intended to adjust
the fee for inflation.
Criminal Justice Records: The City currently charges $33.58 per hour for every hour
of staff time that it takes to produce criminal justice records, including the first hour. The
increase to $41.37 for every hour of staff time it takes to produce criminal justice
records is intended to adjust the fee for inflation.
This ordinance will not require the City to expend any funds, it is likely however, this
increase in fees will cause a nominal increase in money collected by the city.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If this Resolution is not approved, fees will continue at their current levels and will not
be adjusted for inflation.
RECOMMENDATION:
Approve the Resolution.
ATTACHMENTS:
1. CORA Policy 2024
2. CCJRA Policy 2024