WHEREAS, the right of a person to inspect public records; procedures for requesting inspection of public records; procedures for copies of public records; setting a reasonable fee and the responsibility of the public body are required by state law; and

WHEREAS, the Village of Capitan must abide by this state law.

NOW THEREFORE, BE IT RESOLVED by the Village of Capitan:
1)    The office of the Village Clerk, the main Bulletin Board of Village Hall, and the Capitan Police Department shall have a notice posted to describe:
a.    The right of a person to inspection of public records
b.    Procedures for requesting inspection of public records
c.    Procedures for requesting copies of public records
d.    Reasonable fees for copying public records
e.    The responsibility of the Village of Capitan to make public records available for inspection as in Exhibit “A”.
2)     Village staff is authorized to perform all the acts necessary in the accomplishment of the above.

PASSED, ADOPTED AND APPROVED this 10th day of February, 2009.


                        _________________________________________
                        Sammy Hammons, Mayor

ATTEST:


_____________________________________
Kay Strickland CMC
Village Clerk






Resolution 2009-06
Page 2 of 3


EXHIBIT “A”
INSPECTION OF PUBLIC RECORDS POLICY

EVERYONE HAS A RIGHT TO INSPECT ANY PUBLIC RECORD OF THE VILLAGE OF CAPITAN, EXCEPT:
1.     Records concerning physical or mental examinations.
2.    Letters of reference concerning employment, licensing or permits.
3.    Letters which is matters of opinion in personnel files.
4.    Law enforcement records revealing confidential sources.
5.    As provided by the Confidential Materials Act.
6.    As otherwise provided by law.

PROCEDURES FOR REQUESTING RECORDS:
1.     An oral or written request is made to the custodian of record.  The Village Clerk is the custodian of record for the Village of Capitan.  If a record is readily available where it is created, stored, or maintained, the request may be made in that office.  For example:  Police incident records are in the Capitan Police Department and requests shall be made at the Police Department.
2.    A written request shall provide the name, signature, address and telephone number of the person requesting a review of records.  Records shall be identified as accurately as possible.  A form is available in any village office.
3.    Inspection will be granted immediately or as soon as practicable under circumstances, but no later than 15 days.  Inspection may be made during regular business hours only.
4.    If the inspection is not granted within three (3) business days, the requester will receive a letter from the custodian of record identifying when the records will be available.
5.    Confidential information in a specific record will be removed.
6.    The Village of Capitan is not required to create a record that does not exist.
7.    Very difficult or large requests may take longer than fifteen (15) days.  If time extends past fifteen (15) days, the requester will receive a letter from the custodian of record identifying when the records will be available.
8.    If a request to inspect records is denied, the custodian of record will explain the denial.
9.    If the custodian of record does not deliver the records requested, or denied the inspection of the records incorrectly, a penalty may be imposed on the Village.
10.    Actions to enforce the Inspection of Public Records Act are taken by the Attorney General, or the District Attorney.

Resolution 2009-06
Page 3 of 3

FEES FOR REPRODUCTION OF PUBLIC RECORD

 

Service	Description	Fee
Routine Copies of Documents	Up to 11x17.  May be charged in advance.  If mailing is expected, actual costs for postage will also be charged.	$0.75 per page
All Police/Accident Reports	Victim/Complaint     All Others	First 3 pages free, $1.00 per page thereafter   $1.00 per page
Photographs	Emailed or paper   Duplications	$3.00 each   $3.00 for 1-5 duplicates $0.35 each thereafter
Digital/Electronic Records	CD/DVD	$5.00 $2.50 each additional document/file transferred
Criminal/Arrest History	No Record Found     Record(s) Found	$1.00 per page (not to exceed $5.00)   $5.00 first page, $1.00 per Page thereafter (not to exceed $10.00)
Fingerprinting	Job Related, non USINS	$5.00 first card $1.00 each additional card