Procedures for Make and Responding to Requests for Information to Yuma County under the Colorado Open Records Act ("CORA").
- These procedures apply to all requests, submitted pursuant to C.R.S. §§ 24-72-201 et seq., to inspect public records in the custody or control of Yuma County. Requests must be submitted in accordance with the policy of Yuma County.
- All requests to inspect public records must be submitted in writing to the official custodian. Request made to any person other than the proper custodian will not be accepted.
- Requests may be mailed or sent via facsimile. Requests made via electronic mail will not automatically be accepted. The custodian, at the custodian’s sole prerogative, may accept requests sent via e-mail upon request. If a request is sent via e-mail to anyone other than the custodian, it will not be considered as received by the County and the statutory time for response to the requests will not begin until a confirmation has been sent by the custodian.
Note: The reason for this rule is, due to spam filters and inactive or incorrect e- mail accounts, the County cannot guarantee that the custodian has received an electronic mail request. - All requests for records must be specific as to the records sought and the relevant dates. Requests for correspondence must identify the parties to the correspondence. For any request that is vague or broadly stated the custodian may require the requestor to provide a more specific request. Response times as delineated below will not be considered to have begun until a sufficiently specific request has been received, and the requestor has paid the deposit required by this policy.
- If a requestor is unable to identify the specific documents sought, the requestor is encouraged to contact the County at 970-332-5796 ext. 221 in advance of submitting a request for assistance in providing the requisite specificity.
- The custodian is not required by the Open Records Act to construct or create a record that does not exist. This includes digital records that do not exist in a searchable or sortable format. Records existing in searchable or sortable formats may be provided if specifically requested. If a searchable or sortable format is not available as requested, the custodian will notify the requestor.
- Time for response to records requests shall be as follows:
- The normal time for production shall be three working days, beginning on the first business day after the deposit has been paid.
- Such period may be extended upon determination by the custodian that extenuating circumstances exist. Such period of extension shall not normally exceed seven working days. The requestor shall be notified of the extension with the three-day period.
- Time periods will be calculated without including the date on which the custodian receives any request.
- Requests to inspect records documents will not take priority over the regular work activities of County employees.
- Charges for copies of requested records shall be as follows:
- The normal cost for requested documents shall be $.25 per standard page or, for documents in non-standard formats, the actual duplication costs.
- The requestor shall be charged a reasonable retrieval fee based on the actual cost of responding, including employee time, or gathering, preparing, and copying requested documents. This research and retrieval fee shall not exceed t$41.37 per hour.
- If records are readily available, the Board of County Commissioners maywaive the charge or may charge a lessor amount. Such fees may only be waived or reduced by the Board of County Commissioners or their designee.
- Prior to commencement of document retrieval, the custodian will provide the requestor with an estimate of the cost of responding and shall require a deposit. If the requestor wishes to proceed once receiving an estimate, they must respond in writing. By responding in writing, the requestor agrees to pay all fees associated with responding to the request. The time between the date of the custodian’s estimate and the receipt by the custodian of a written request to proceed and receipt of deposit payment will not be counted against the time period set forth above.
- If the requestor wishes to inspect available records in advance of receiving copies, such inspection shall be by appointment only during ordinary working hours. Such inspection must be supervised by a County representative and the requestor may be charged for employee time associated with such inspection.
- The Yuma County Public Records Request Form may be obtained by contacting the Yuma County Administrator, 310 Ash Street, Suite A, Wray, CO 80758 or by phone at 970-332-5796, extension 221. This form shall be completed and returned as indicated and will then be forwarded to the custodian of such records requested.