Town of Bethany Beach, DE
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Bethany Beach 6-17-1994 by Ord. No. 286 (Ch. 181 of the 1992 Code). Amendments noted where applicable.]
349a Public record access form

§ 349-1 Definitions. [1]

As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC RECORD
As defined by § 10002(g) of the Delaware Freedom of Information Act,[2] as it may from time to time hereafter be amended, or any future corresponding provision of law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: See 29 Del. C. § 10001 et seq..

§ 349-2 Examination of public records.

A. 
Public records shall be open to examination by any citizen of the state during regular business hours of the Town office upon written request to the Town employee who has the custodial responsibility of said record.
B. 
A written request on the prescribed form (see Ordinance Exhibit attached hereto)[1] shall be completed by the requestor stating his or her specific requirements. The Town Clerk shall retain the request forms as a record of actions taken. In the case of a telephone request, the Town employee taking the request will complete the written request. Requests that are denied shall be forwarded to the Town Manager for review.
[1]
Editor's Note: The Public Record Access Form is located at the end of this chapter.
C. 
Reasonable access to said records shall not be denied. Appropriate accommodations shall be provided, whenever possible, for the examination. If a public record is in active use or in storage at the time it is requested for examination, the requestor shall be so informed, and an offer shall be extended to schedule a time as expediently as possible when said records may be examined.
D. 
In order to protect and safeguard the Town's public records, examination of original records shall be under the supervision of an employee of the Town unless such supervision is waived by the Town Manager for justifiable reasons. If supervision is not waived and is not conveniently available, the requestor may obtain copies of specified documents at the requestor's expense.
E. 
The Town reserves the right to refuse access to any records which do not constitute "public records" as defined herein.

§ 349-3 Copying public records.

[Amended 3-18-2005 by Ord. No. 394]
A. 
Any person desiring to obtain copies of Town records is encouraged to make advance arrangements, but advance arrangements shall not be required subject to the limitations contained herein.
B. 
The Town shall provide suitable accommodations for the copying of public records at the requestor's expense, reasonably subject to the availability of Town personnel and facilities to supervise and/or perform such copying; provided, however, that if other demands on the Town's staff and/or copying facilities are such as to prevent copying at the time of the request, the Town shall make arrangements to accommodate such copying as soon as reasonably possible under the circumstances and shall not exceed three business days from the date of the request for typed, printed or written material.

§ 349-4 Fees for copying public records.

[Amended 3-18-2005 by Ord. No. 394]
A. 
The current fee schedule for copying public records is listed in the Town of Bethany Beach Schedule of Fees in the category of "Administrative Fees."[1]
[1]
Editor's Note: The current Fee Schedule is on file in the Town Offices
B. 
The Town Manager has the authority to waive the fees for copying public records for just cause shown (e.g., indigency, charitable organizations or requests by other public bodies). Requests for a waiver of fees must be submitted at the time the written request is made.
C. 
Deposits/payment upon delivery.
(1) 
For expenses exceeding $10, payment in advance of the estimated cost shall be required; any excess deposit shall be refunded at the time of delivery of the materials.
(2) 
Full payment must be received prior to the delivery of any material unless billing has been approved by the Town Manager.