COUNTY OF LEBANON TRANSIT AUTHORITY
PUBLIC RECORDS POLICY
1. Purpose
The County of Lebanon Transit Authority ("COLT") recognizes the importance of public records as the record of COLT'S actions and the repository of information about COLT. The public has the right under law to inspect and to procure copies of public records, with certain exceptions, subject to COLT policy. COLT also recognizes its obligation to maintain the confidentiality of personnel records.
2. Definition
The public records of COLT shall mean any account, voucher or contract dealing with the receipt or disbursement of funds; acquisition, use or disposal of services, supplies, materials, equipment or other property; or any minutes, orders or decisions fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group.
Public records shall not include the following:
1. Any report, communication or other paper whose publication would disclose the institution, progress or result of an investigation undertaken in the performance of official duties.
2. Any record, document, material, exhibit, pleading, report, memorandum, or other paper to which access or publication is prohibited, restricted or forbidden by law, regulation, court order or decree of court; would operate to the prejudice or impairment of a person's reputation or personal security; or would result in the loss of federal funds, except the record of a conviction for any criminal act.
3. Personnel files in compliance with applicable laws.
3. Authority
COLT shall make COLT'S public records available for inspection and duplication to any state resident, in accordance with COLT policy and COLT procedures, with the exception of records exempted by law.
COLT exempts from public inspection any material whose disclosure would constitute an invasion of privacy, unless the individual concerned, or the parent/guardian of a minor, consents in writing to public disclosure of the materials.
4. Guidelines
The public may inspect and procure copies of the public records of COLT during the regular business hours of the COLT offices.
A public record shall be provided to the requester in the medium requested if it exists in that form; otherwise, it shall be provided in its existing medium.
COLT is not required to create a public record that does not exist nor to compile, maintain, format or organize a public record in a manner different from that currently maintained by COLT. If a public record is maintained only in an electronic format, COLT shall duplicate the record on paper, upon request.
Information shall be made available to individuals with disabilities in an appropriate format, upon request and with sufficient advance notice.
No public record shall be removed from the control or supervision of the designated official.
Request for Access
A request for access to a public record shall be submitted to the office of the COLT Executive Director or designee.
Requests shall be submitted in writing and may be received in person, by mail, by facsimile, or by email. Verbal requests will not be accepted.
Each request must include the following information:
1. Identification of the requested record, in sufficient detail.
2. Medium in which the record is requested.
3. Name and address of the person to receive COLT's response.
Response to Request
The COLT Executive Director or designee shall review the request and respond promptly, within five (5) business days of receiving the request.
If COLT fails to respond to a request within five (5) business days, the request for access shall be deemed denied.
If COLT determines that the request will be granted, a response shall be sent within five (5) business days. The response shall include the regular business hours of the COLT office, the medium in which the record is provided, and the assessed fees.
If COLT determines that more than five (5) business days are required to respond to the request, in accordance with the exceptions stated in law, notice shall be sent indicating that the request is being reviewed, the reason for the review, and a date when the response will be provided.
Denial Of Request
If COLT denies a request for access to a public record, a response shall be sent within five (5) business days of receiving the request. The response denying the request shall include the following:
1. Description of the record requested.
2. Specific reasons, for denial, including a citation of supporting authority.
3. Name, title, business address and telephone number, and signature of the employee who denied the request.
4. Date of the response.
5. Procedure to appeal denial of access.
COLT shall not deny access to a public record based on the intended use by the requestor.
Appeal of Denial
If a request for access to a public record is denied or deemed denied, the requester may file a written exception within fifteen (15) business days of the mailing date of the response or a deemed denial.
Upon receipt of the exception, the COLT Executive Director or designee shall make a final determination of the request within thirty (30) days of the mailing date. If denied, a written explanation shall be provided.
The final determination shall be the final order of COLT.
The requester may appeal COLT's final order, in accordance with the provisions of law.
Fees
Duplicates of public records shall be provided by COLT upon payment of applicable fees.
A list of fees that may apply shall be provided to each requestor, posted in the COLT office, and be available electronically.
COLT shall not assess any fees for staff time or resources used to evaluate a request for access to public records.
COLT may require prepayment of estimated fees when the fees required to fulfill the request are expected to exceed $100.
5. Delegation of Responsibility.
The COLT Executive Director or designee shall ensure that COLT'S policy governing access to public records and the list of applicable fees are posted at the COLT office and are made available electronically.
The COLT Executive Director or designee shall develop procedures to implement this policy, which include:
A. Preparation of a retention schedule that: conforms to law; requires permanent safeguarding of COLT minutes and annual audit reports; and mandates retention of all fiscal records required for audit until the audit has been received and approved.
B. A list of reasonable fees applicable to all requests for inspection and duplication of public records, in accordance with law.
C. Provisions to guard the confidentiality of records exempted from the availability of public records.
D. Training of appropriate staff regarding public access to public records.
This Policy was adopted in public session by the County of Lebanon Transit Authority Board of Directors on December 18, 2002, and is effective December 26, 2002.