§ 2-197. Public access to records.

(a)

Right to inspect; receive copies. Except as provided in section 2-199, any person has a right to inspect a record and to make or receive a copy of any record as provided in W.S.A., § 19.35(1).

(b)

Availability. Records will be available for inspection and copying during all regular office hours. If regular office hours are not maintained at the location where records are kept, the records will be available for inspection and copying upon at least 48 hours' advance notice of intent to inspect or copy.

(c)

Provision of copies. A requester shall be permitted to use facilities comparable to those available to village employees to inspect, copy or abstract a record. All copies requested shall be provided by the village clerk.

(d)

Supervision during inspection; manner of access. The legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.

(e)

Fees for location and copying. A requester shall be charged a fee to defray the cost of locating and copying records as follows:

(1)

The cost of photocopying shall be calculated and paid as required and specified in the most current village board resolution. Such cost has been calculated not to exceed the actual, necessary and direct cost of reproduction.

(2)

If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.

(3)

The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audiotapes or videotapes, shall be charged.

(4)

If mailing or shipping is necessary, the actual cost thereof shall also be charged.

(5)

There shall be no charge for locating a record unless the actual cost therefor exceeds $50.00, in which case the actual cost shall be determined by the legal custodian and billed to the requester.

(6)

The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to ensure payment, if such estimate exceeds $5.00.

(7)

Elected and appointed officials of the village shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.

(8)

The legal custodian may provide copies of a record without charge or at a reduced charge where he determines that waiver or reduction of the fee is in the public interest.

(f)

Notice concerning access to be posted. Pursuant to W.S.A., § 19.34 and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the methods whereby the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and the costs thereof. Each authority shall also prominently display at its offices, for the guidance of the public, a copy of W.S.A., §§ 19.31 to 19.39 (sections 2-197—2-199). This subsection does not apply to members of the village board.

(Code 1966, § 19.08; Ord. No. 773, § I, 10-18-05)