[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
A.Â
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.Â
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.Â
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.Â
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.Â
The Town reserves the right to refuse access to any
records which do not constitute "public records" as defined herein.
[Amended 3-18-2005 by Ord. No. 394]
A.Â
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.Â
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.
[Amended 3-18-2005 by Ord. No. 394]
B.Â
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.Â
Deposits/payment upon delivery.
