Agenda Item No. 13

Introduced by the Administrative Services/Personnel and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

WHEREAS, the Enhanced Access to Public Records Act, 1996 P.A. 462 authorizes the establishment of procedures for providing certain records to the public and establishing a fee for access to such records; and

WHEREAS, pursuant to this Act, Ingham County wishes to outline its policies and procedures and establish appropriate fees for providing enhanced public access to certain records as prescribed by state law; and

WHEREAS, the intent of this policy is not to charge fees for actual data maintained as public records, but to outline a reasonable methodology for recovering necessary costs for providing access to the data in the various forms available through technological enhancements; and

WHEREAS, this policy shall in no way limit the inspection and copying of a public record pursuant to the Freedom of Information Act, 1976, PA 442, MCL 15.231 to 15.246 and

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby adopts the Ingham County Enhanced Access to Public Records Policy, incorporated by reference herein.

BE IT FURTHER RESOLVED, that based upon the cost analysis contained with the policy a $.15 per parcel surcharge for access provided to records maintained by the Treasurer= s Office on Internet transactions is hereby authorized for the purpose of recovering costs of providing Internet access.

BE IT FURTHER RESOLVED, that initially, this surcharge will be implemented on a pilot basis to be assessed only on business transactions and not on individual citizen inquiries, pending an annual evaluation for cost effectiveness.

BE IT FURTHER RESOLVED, that this policy shall have immediate effect and appropriate public notification of its authority shall be made.

ADMINISTRATIVE SERVICES/PERSONNEL: Yeas: McDonald, Lynch, Pratt

Nays: Severino Absent: Minter Approved 8/15/00

FINANCE: Yeas: Grebner, Czarnecki, McDonald, Juall

Nays: Schafer, Bernero Absent: Minter Approved 8/16/00

1. PURPOSE: This policy is established pursuant to the authority of the Enhanced Access to Public Records Act, 1996 P.A. 462. The policy is intended to outline procedures for providing certain records to the public and establishing a fee for such records as allowable by law.

2. AUTHORITY: Ingham County Board of Commissioners.

3. APPLICATION: This policy applies to all departments, elected official offices, and agencies of Ingham County government.

4. RESPONSIBILITY: County elected officials, department heads, agencies, boards, commissions and councils legally responsible for the creation, preparation, ownership, custody, control, maintenance, preservation, guardianship, retention, possession or use of a public record shall select which records may be made public through enhanced access.

5. DEFINITION (S):

6. POLICY:

6.1 Authorization

6.1.1Pursuant to Act No. 462 of the Public Acts of 1996, all Ingham County government public bodies may provide enhanced access for the inspection, copying, or purchasing of a public record that is not confidential or otherwise exempt by law from full disclosure. [Sec. 3(1)(a); Sec. (3) of the Enhanced Access to Public Records Act, 1996 P.A. 462].

6.1.3(a) Management principles applied to information resources should be the same as those applied to other governmental resources.

6.1.3(b) Elected officials, department heads, agencies, boards, commissions, councils and other county public bodies legally responsible for the creation, preparation, ownership, custody, control, maintenance, preservation, guardianship, retention, possession or use of a public record have the responsibility, authority and accountability for the management of public record information.

6.1.3(c) Information resources investments must be driven by legal, programmatic and governmental requirements.

6.1.3(d) Ingham County government, in trust for the people of Ingham County, has a duty to ensure ownership of information products and county created intellectual property is protected and maintained.

6.1.4 Access to or output from a geographical information system shall be made available only in accordance with subsections (1), (2), and (3). Except as otherwise provided in subsections (1), (2), and (3), this act does not limit the inspection and copying of a public record pursuant to the Freedom of Information Act, 1976, PA 442, MCL 15.231 to 15.246. This section does not apply to public records prepared under an act or statute specifically authorizing the sale of those public records to the public, or where the amount of the fee for providing a copy of the public record is otherwise specifically provided by an act or statute. MCL 15.443 (4).

6.2 Fees

6.2.1 It is the policy of Ingham County to charge a reasonable fee for providing enhanced access to selected public records [Sec. 3(1)(b) of the Enhanced Access to Public Records Act, 1996 P.A. 462]. It is not the intent of this policy to sell actual data maintained as public records, rather it is intended as a reasonable method to recovering costs for providing enhanced records access to the data in the various forms available through technological enhancements., i.e. online access via the internet, direct dial-in service to a county computer, server, etc., magnetic disc, magnetic tape, paper products and labels generated by computerized means.

6.2.2(a) The information is critical to public health or safety.

6.2.2(b) The information is required for non-profit research purposes such as academic or public interest research.

6.2.2(c) The information is required to meet legal, programmatic or governmental objectives.

6.2.2(d) The information explains the rights, entitlements and or obligations of individuals.

6.2.2(e) The cost of administering the fees would exceed the revenue to be collected.

6.2.2(f) The reasonable fee established would have a serious detrimental impact on the financial position of particular groups or classes of users.

6.2.2(g) The reasonable fee established would limit the number of users enough to compromise achieving program or other governmental objectives.

6.2.3 The Ingham County Controller= s Office shall recommend a reasonable fee(s) for approval by the Board of Commissioners for enhanced access to a public record or for access to any proposed Geographical Information System or the output from a Geographical Information System.

6.2.4 Waiver or fee reductions for enhanced access to public records shall be decided by the elected official, department head, agency, board, commission, council, or other county public body legally responsible for the creation, preparation, ownership, custody, control, maintenance, preservation, guardianship, retention, possession or use of the public record(s) in question. The waiver or fee reductions shall be approved by the Board of Commissioners prior to such waiver or reduction.

6.3 Disclaimer

6.3.1 Recipients of access or enhanced access receive all information A as is@ . Ingham County, its officers, officials, employees, agents, volunteers, contractors, or its public bodies make no warranties of any kind, including but not limited to warranties of accuracy, fitness for a particular purpose or of a recipient= s right of use. Recipients are solely responsible for investigating, resisting litigating and settling such complaints that may arise regarding the data accessed, including the payment of any damages or costs, unless the Ingham County Board of Commissioners, by resolution agree to participate in the process at the county= s expense.

6.3.2 Unless authorized by resolution of the Ingham County Board of Commissioners, no other officer, employee, agent, volunteer, contractor or other person or public body may make any representation or warranty on behalf of Ingham County, or one of its public bodies.