[Adopted 1-14-1997 (P-61)]
A. Purpose. This Policy establishes guidelines for public access to
public records maintained by Kent County, and provides for fees to
be charged for reproducing same.
B. Applicability. This Policy shall govern all issues relating to public
access to public records maintained by Kent County and the fees to
be charged for reproducing public records for dissemination to the
public; provided, however, that in the event and to whatever extent
this Policy conflicts with any other applicable ordinance, policy,
or directive of Kent County, as adopted or amended from time to time,
any applicable federal or state statute, any applicable rule of any
federal or state court, or any other governing rule of law, then and
in such event, such other ordinance, policy, directive, statute, court
rule, or rule of law shall govern and be determinative. In particular,
but without limitation, this Policy shall not apply to fees established
by any court of law or equity of the State of Delaware for services
provided or to be provided by the Office of the Kent County Register
in Chancery, the Office of the Kent County Register of Wills, the
Office of the Kent County Sheriff, the Office of the Kent County Recorder
of Deeds, the Office of the Kent County Receiver of Taxes, or the
Office of the Kent County Comptroller; nor shall this Policy apply
to the examination and copying of any documents (or the indices thereto)
which are filed, recorded, indexed, and maintained as public records
by the Office of the Kent County Prothonotary, the Office of the Kent
County Register in Chancery, the Office of the Kent County Register
of Wills, or the Office of the Kent County Recorder of Deeds.
C. Definitions.
(1) For purposes of this Policy, the following words and phrases shall
have the meanings prescribed below:
LEVY COURT
The Kent County Levy Court, the governing body of Kent County,
Delaware.
PUBLIC RECORD
Shall have the same meaning as prescribed by 29 Del. C. § 10002(d),
which is incorporated herein by this reference, as amended from time
to time.
(2) To the extent not inconsistent herewith, all other words and phrases
defined by 29 Del. C. § 10002, as amended from time to time,
shall have the meanings prescribed thereby. Words and phrases not
defined by 29 Del. C. § 10002, as amended from time to time,
shall have the meanings ordinarily accorded to such words and phrases
in common usage.
D. Examination of public records. The protection, preservation, and
security of the originals of public records maintained by Kent County
is of paramount importance. The custodians of public records maintained
by Kent County shall therefore take every reasonable precaution to
ensure that the originals of said public records are not removed from
the possession of Kent County, or altered in any unauthorized manner.
(1) All requests to examine the originals of any public records maintained
by Kent County must be delivered in writing, using the "Request for
Information" form, to the applicable department manager, row officer, or
other custodian of said public records, stating with specificity the
public records for which examination is requested. The applicable
department manager, row officer, or other custodian of said public
records shall make and maintain, for a period no less than 180 days
from the date of request, a record of each examination of any public
records maintained by Kent County, including the name and signature
of the individual examining said public records and the date and time
of each examination. This record may be appended to the document file
or kept separately by the applicable department manager, row officer,
or other custodian of said public records.
(2) Examination of the originals of public records maintained by Kent
County shall in all instances be supervised by the applicable department
manager, row officer, or other custodian of said public records, or
his or her designee. If examination supervision is impossible or impractical,
then copies of said public records shall be provided at the expense
of the party seeking to examine same.
(3) The originals of public records maintained by Kent County shall be
open to examination only during regular business hours of the department,
row office, or other County office with the custodial responsibility
for maintaining said public records.
(4) Reasonable access to public records shall not be denied. If a public
record is in active use or in storage at the time of any request for
examination of same, the party seeking to examine the public record
shall be so informed and an opportunity to examine said public record,
once available, shall be scheduled as promptly as possible.
E. Fees for copying public records are set by ordinance and subject
to change. Terms of payment of reproduction fees. Full payment of
the applicable fee(s) for reproduction of any public records maintained
by Kent County must be received from the requesting party, prior to
delivery of any public records which have been reproduced, unless
other billing arrangements have been approved in advance by the applicable
department manager, row officer, or other custodian of said public
records.
F. Authority. This Policy is adopted pursuant to the powers conferred
upon the Levy Court of Kent County, Delaware by 9 Del. C. § 4110.
[Adopted 6-22-2004 (P-92)]
This Policy establishes a procedure for public access and the
proper disposition of public records created and maintained by the
government of Kent County, Delaware.
A. All Kent County departments and offices shall maintain records in
compliance with the Delaware Public Record Law. Said records are the
property of the Kent County Levy Court.
B. The County Administrator shall be responsible for maintaining County
records within the statute's required retention schedule through
an Archive Office and established rules of procedure.
C. Original documents regularly used by the public, such as deeds, wills
and meeting minutes, shall be maintained accessible during normal
business hours. Additional hours of access and conditions or fees
for such access may be established as determined by the Levy Court.
D. At least one duplicate copy of any original recorded or registered
property deed, mortgage, will, or estate document or official meeting
minutes shall be created and stored off site within one year of creation,
recording or receipt.
E. Easily accessible and widely available microfilmed or other imaged
County documents, which are an exact replica of the original, may
be made available to the public in lieu of the original document(s)
at such time as determined by the County Administrator, subject to
30 days' notice to the Levy Court Commissioners. Upon request
of any one Levy Court Commissioner, such item shall be referred to
Levy Court for final determination.
F. Employees violating this Policy shall be subject to disciplinary
action up to and including termination.
G. Elected officials and deputies violating this Policy shall be subject
to censure or other public action as deemed appropriate by Levy Court
at a public meeting.
[Adopted 10-25-2005]
This Policy establishes guidelines for the digital video and/or
audio recording of all official business meetings of the Kent County
Levy Court and various appointed boards and commissions held in the
Levy Court Chamber to enhance accountability and the dissemination
of information to the public.
A. All business meetings of the Kent County Levy Court and various appointed
boards and commissions held in the Levy Court Chamber shall be video
and/or audio recorded and maintained in an unedited format in compliance
with the Delaware Public Records Law.
B. Upon request, video and/or audio records shall be made available
for public review in compliance with the Delaware Freedom of Information
Act (FOIA) and County policy, and a copy or copies shall be made available
to the public within 30 days (archived records may require additional
time) upon payment of such fees as determined reasonable by the Kent
County Levy Court by ordinance.
C. One copy of each digital video and/or audio recording will be made
available upon request to local television, cable television, or radio
stations. Such recordings shall be provided in either clearly marked
"unedited" or "edited" formats. The edited recording may be altered
by County staff only to the extent necessary to eliminate gaps due
to lengthy pauses or meeting recesses. Staff may enhance the edited
recording by adding assistive graphics such as speaker names, maps,
exhibits, etc. When editing recordings, staff shall not remove any
statements or reactions made by or exhibited by meeting participants.
D. All business meetings of the Kent County Levy Court and various appointed
boards and commissions held in the Levy Court Chamber may, as determined
by Levy Court, be simultaneously broadcast to the Worldwide Web via
the Internet.
E. Video recording shall only be required when such equipment is in
good working order and knowledgeable staff is available to operate
the system, as determined by the County Administrator.
F. Any employee violating this Policy shall be subject to disciplinary
action per Kent County Code.
G. This Policy shall become effective upon notification to Levy Court
by the County Administrator that the video recording equipment is
operational.
[Adopted 4-14-2009]
This Policy establishes procedures for the issuance of personal
verification cards to residents of Kent County with personal convictions
that prohibit the face from being photographed and who are therefore
ineligible for an identification card issued by the State of Delaware.
A. Residents of Kent County with personal convictions prohibiting facial
photographs may request a County government issued personal verification
card from the Personnel Office by submitting an approved application
form, supporting documents as required by this Policy, and the applicable
fee, which must be paid upon initial application and upon any such
reissuance of the card.
B. At a minimum, the verification card shall include the individual's
full name, complete address, date of birth, gender, height, weight,
hair color, eye color, thumbprint, and other distinguishing characteristics.
In addition, a date of issuance and expiration date shall be indicated
on the card. The expiration date of the verification card shall be
five years after issuance.
C. Each application form shall be completed fully and duly executed
by the applicant. In addition, the applicant shall provide the County
with evidence of his or her identity such as a birth certificate,
or certification by a qualified representative of a faith-based organization
which attests to the identity of the bearer of the form and the information
contained thereon.
D. Kent County Levy Court and the Personnel Office reserve the right
to refuse to issue a verification card to any individual submitting
an incomplete application or failing to submit credible documentation
sufficient to verify the identity of the applicant. In addition, the
issuance of such verification cards can be limited to certain days,
hours of operation, and/or locations.
E. If a person is denied a verification card for any reason, a new or
revised application may be submitted at a later date with the required
documentation attached thereto or the person may file a written appeal
and present himself in person with supporting documents to the Levy
Court for a final determination of eligibility for such card.
F. Kent County Levy Court or its employees assume no liability or responsibility
for the information contained upon or not contained upon the card
or the usage of such card by the lawful bearer or any other such person.
G. This policy shall become effective immediately upon adoption by Levy
Court.
[Adopted 9-25-2012 (P12-03)]
This Policy authorizes the acceptance and recordation of property
easement documents in the Office of the Kent County Recorder of Deeds
that bear the electronic signature of the grantor or grantors, and
the electronic signature and seal of the notary public witnessing
the signature of the grantor or grantors with electronic signature.
A. Property easement documents may be submitted to and accepted for
recordation by the Kent County Recorder of Deeds if the signatures
on the easement documents are electronic signatures, as defined in
25 Del. C. § 181, of the Uniform Real Property Electronic
Recording Act, provided that a notary public duly witnesses and dates
the electronic signature and sets forth on the easement document the
personal identification documentation of the grantor provided to the
notary used to verify the identity of the grantor or grantors such
as driver's license and driver's license number and state
of issuance.
B. Any property easement document submitted to the Office of the Kent
County Recorder of Deeds for recordation that bears an electronic
signature shall incorporate the following notation thereon:
"This document has been signed by the Grantor or Grantors, dated
and notarized electronically in accordance with the provisions of
25 Del. C. § 180 et seq., known as the 'Uniform Real
Property Electronic Recording Act' and 6 Del. C. § 12A-107."
C. Property easement documents bearing original handwritten signatures
of the grantor or grantors and original signature and seal of notaries
public shall continue to be accepted for recordation in the Office
of the Kent County Recorder of Deeds and this Policy supplements and
does not supersede such practice.
D. This Policy is intended to facilitate electronic transactions consistent
with other applicable laws of the State of Delaware pertaining to
the electronic filing of legal documents and to be consistent with
reasonable practices concerning electronic transactions and the continued
expansions of those practices.