[HISTORY: Adopted by the Mayor and Council of the Town of Middletown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-7-2007]
A.
The purpose of this policy is to designate procedures relating to the inspection and duplication of public records held by the Town of Middletown pursuant to 29 Delaware Code, Chapter 100, the Freedom of Information Act for the State of Delaware.
B.
It is the Town's goal to establish this policy to
maximize the amount of information available to the public, to streamline
procedures used to disseminate information and to establish a reasonable fee
structure for providing public records.
C.
Title 29 of the Delaware Code, § 10003, reads
as follows:
|
"(a) All public records shall be open to inspection and copying by any
citizen of the state of Delaware during regular business hours by the custodian
of the records for the appropriate public body. Reasonable access to and reasonable
facilities for copying of these records shall not be denied to any citizen.
If the record is in active use or in storage, and, therefore, not available
at the time a citizen requests access, the custodian shall so inform the citizen
and make an appointment for said citizen to examine such records as expediently
as they may be made available. Any reasonable expense involved in the copying
of such records shall be levied as a charge on the citizen requesting such
copy;
| |
|
(b) It shall be the responsibility of the public body to establish rules
and regulations regarding access to public records as well as fees charged
for copying of such records."
|
D.
This policy does not apply to the Town in its normal
business with federal, state or local agencies, nor to private parties with
whom the Town is conducting business (i.e., permits, licenses, contractual
agreements, etc.) It does apply to the Town in its dealing with requests from
the public for information as set forth in the FOIA.
E.
The Town believes public business should be performed
in an open and public manner so that citizens are advised of the performance
of officials and their decisions. In accordance with the FOIA, the public
has the right to reasonable access to public records. It is the responsibility
of the Mayor and Council to establish rules and regulations regarding access
to records as well as fees charged for copying of such records. All employees
of the Town of Middletown shall comply with the FOIA and all requests for
information shall be processed in the following manner.
A.
The Town will provide reasonable access and facilities
for reviewing public records during regular business hours.
B.
The Town shall make all requested records available for
review by the requestor unless such records or even portions of the records
are determined to be exempt pursuant to 29 Del. C. § 10002 (d).
C.
Prior to disclosure, records will be reviewed to insure
records or portions of records deemed nonpublic are removed. The types of
records deemed nonpublic are explained in 29 Del. C. § 10002 (d).
A.
Requests for access to records shall be made in writing
by submitting a Town of Middletown Freedom of Information Act Request Form.
Forms are available at Town Hall at the address above,[1] via fax by calling (302) 378-2711, or online at www.middletownde.org.
[1]
Editor's Note: The address of the Town Hall is 19 West Green
Street, Middletown, DE 19709.
B.
Requests for access to records shall adequately describe
the record(s) sought in sufficient detail to enable the Town to locate the
record with reasonable effort. The Town shall make every reasonable effort
to assist the requestor in identifying the record being sought. If a department
is unsure that an item is public record, the request for documentation should
be forwarded to the Town's Public Relations Officer for consultation
with the Town Solicitor to determine if the documents requested are in fact
public record and fall under the jurisdiction of the FOIA.
A.
The Town shall make every reasonable effort to respond
to a request within 10 business days. However, if the request is lengthy or
requires extensive research in the Town's archives, the Town will do
everything in its power to follow the ten-day rule. However, if that is not
possible, the Town will explain, in writing, to the requestor the reason for
the delay and will give a date for estimated completion of the request.
B.
If the Town denies a request in whole or in part, the
Town shall explain to the requestor the reason for the denial.
C.
Denied requests may be appealed by submitting to Mayor
and Council a written appeal that specifically indicates it is an "appeal
of a FOIA request" and gives the reason(s) for reversal of the denial.
D.
The requestor may file suit in accordance with 29 Del.
C. § 10005.
A.
Fees for copying.
(1)
Standard sized, black-and-white copies will be charged
at the rate of $0.25 per page. Paper sizes of 8.5 inches by 11 inches, 11
inches by 17 inches, and 8.5 inches by 14 inches apply.
(2)
Copies of development plans are available for a charge
of $10 for the first sheet, $5 for each additional sheet.
(3)
Audio copies of Town Council or Planning and Zoning meetings
on CD are available for a charge of $10 each. Some meetings may run onto two
or more CDs; in this case, the first CD is $10, each additional CD is $5,
as long as the taping is from the same meeting.
(5)
The Town reserves the right to refuse to make copies
for requestors who have an outstanding balance of FOIA request charges due
to the Town.
B.
Administrative fees. The following are administrative
fees for providing public records above and beyond the standard public records
request (requests that take more than 1/4 hour to complete.) Labor costs will
be charged after the first 1/4 hour spent fulfilling each FOIA request:
(1)
Labor costs. In calculating the cost of labor incurred,
the Town may not charge more than $10 per hour for each hour an employee spends
fulfilling a FOIA request. Charges will be billed to the requestor by the
1/4 hour after the first 1/4 hour has been logged. Labor charges will be charged
in addition to any duplicating/copying charges. Charges for labor costs include:
(a)
Staff time associated with processing FOIA requests;
(b)
Locating and reviewing files;
(c)
Monitoring file reviews by the requestor;
(d)
Generating computer records (electronic or printed);
(e)
Any other time rendered by the employee in researching,
examining, developing, duplicating, reviewing and separating exempt from nonexempt
information requested.
(2)
Any other costs, such as postage, packaging and material,
will be charged to the requestor.
(3)
If the Town does not have the resources to duplicate
the requested record(s), the Town, at its discretion, may arrange to have
record(s) duplicated by an outside contractor. In this instance, the requestor
will be responsible for the payment of these costs.
C.
Payment of fees.
(1)
Payment for copies and/or administrative costs will be
due at the time copies are released to the requestor.
(2)
The Town may require pre-payment of charges prior to
mailing requested records.
(3)
A good-faith deposit may be asked for in advance of requests
estimated to be more than $50. The deposit shall not exceed 1/2 of the total
estimated fee.
