HomeMy WebLinkAboutResolutions - 2010.10.21 - 10285MISCELLANEOUS RESOLUTION # 10273 October 21, 2010
BY: Finance Committee, Tom Middleton, Chairperson
RE: INFORMATION TECHNOLOGY — WAIVER OF FEES FOR THE WOODWARD AVENUE ACTION
ASSOCIATION FOR THE ACQUISITION OF GIS AND RELATED DATA
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Woodward Avenue Action Association (WA3) has requested certain geographic
information system (GIS) and related data for use in its projects to be conducted along the Woodward
Avenue corridor; and
WHEREAS the WA3 includes the following Oakland County communities: Bloomfield Township and the
Cities of Berkley, Birmingham, Bloomfield Hills, Ferndale, Huntington Woods, Pleasant Ridge, Pontiac
and Royal Oak; and
WHEREAS the WA3 has requested a waiver of fees since the requested data will be used in its efforts to
revitalize a 19 mile stretch of Woodward Avenue between Wide Track Drive and 8 Mile Road; and
WHEREAS the WA3 has already contributed to improvements along the Woodward Avenue corridor; and
WHEREAS the Board of Commissioners is authorized to approve a waiver of fees for GIS and related
data for various purposes under Miscellaneous Resolution 97165 and the Enhanced Access to Public
Records Policy; and
WHEREAS the intended use of the information satisfies the requirements of Section G of the Policy; and
WHEREAS the transmission of the data would benefit the County's residents.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the transfer of the
data requested by the Woodward Avenue Action Association and waives the fees for the data.
BE IT FURTHER RESOLVED that no budget amendment is required at this time.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
CE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
ENHANCED ACCESS TO PUBLIC RECORDS POLICY
Oakland County, Michigan
August 1997
This policy is established pursuant to the authority of the Enhanced Access to Public
Records Act, 1996 PA. 462.
1. DEFINITIONS
A. "Enhanced access" mean's a public record's immediate availability for public
inspection, purchase or copying by digital means. Enhanced access does not include the
transfer of ownership of a public record.
B. "Geographical information system" means an informational unit or network capable of
producing customized maps based upon a digital representation of geographical data.
C. "Person" means that term as defined in section 2 of the freedom of information act,
Act No. 442 of the Public Acts of 1976, being section 15.232 of the Michigan Compiled
Laws.
D. "Public Body" means that term as defined in section 2 of the freedom of information
act, Act No. 442 of the Public Acts of 1976, being section 15.232 of the Michigan
Compiled Laws.
E. "Public Record" means that term as defined in section 2 of the freedom of information
act, Act No. 442 of the Public Acts of 1976, being section 15.232 of the Michigan
Compiled Laws.
F. "Software" means that term as defined in section 2 of the enhanced access to public
records act, Act No. 462 of the Public Acts of 1996, being section 15.442 of the Michigan
Compiled Laws.
2. AUTHORIZATION
A. Pursuant to 1996 PA. 462, all Oakland County government public bodies may
provide enhanced access for the inspection, copying, or purchasing of a public record that
is not confidential or otherwise exempt by law from disclosure. [Sec. 3(1)(a); Sec.3(3)].
B. This policy does not require a public body to provide enhanced access to any specific
public record. [Sec. 3(4)].
C. County elected officials, department heads, agencies, boards, commissions and
councils legally responsible for the creation, preparation, ownership, custody, control,
maintenance, preservation, guardianship, retention, possession or use of a public record
shall select which public records may be made through enhanced access.
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D. Principles and policies to be considered in determining which public records shall be
made available through enhanced access include, but are not limited to the following:
1. Management principles applied to information resources should be the same as
those applied to other governmental resources.
2. Elected officials, department heads, agencies, boards, commissions, councils
and other county public bodies legally responsible for the creation, preparation,
ownership, custody, control, maintenance, preservation, guardianship, retention,
possession or use of a public record have the responsibility, authority arid
accountability for the management of public record information.
3. Information resources investments must be driven by legal, programmatic and
governmental requirements.
4. Oakland County government, in trust for the people of Oakland County, has a
duty to ensure ownership of information products and county created intellectual
property is protected and maintained.
3. FEES
A. It is the policy of Oakland County to charge a reasonable fee for providing enhanced
access to a public record. [Sec. 3(1)(b)]
B. It is the policy of Oakland County to charge a reasonable fee for providing access to:
(i) A geographical information system.
(ii) The output from a geographical information system.
C. "Reasonable fee" means a charge calculated to enable Oakland County to recover over
time only those operating expenses directly related to the public body's provision of
enhanced access.
D. "Operating expenses" includes, but is not limited to, a public body's direct cost of
creating, compiling, storing, maintaining, processing, upgrading, or enhancing
information or data in a form available for enhanced access, including the cost of
computer hardware and software, systems development, employee time, and the actual
cost of supplying the information or record in the form requested by the purchaser.
E. Except as otherwise provided by act or statute, the Fiscal Services Division shall
establish a proposed reasonable fee(s) for each public record made available for enhanced
access or for access to a geographical information system or the output from a
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geographical information system. The proposed fee(s) shall be presented to and approved
by the Board of Commissioners before they shall be effective.
F. Except as otherwise provided by act or statute, all persons shall be charged the
reasonable fee approved by the Board of Commissioners for enhanced access to a public
record or for access to a geographical information system or the output from a
geographical information system.
G. A public body may furnish access or enhanced access without charge or at a reduced
charge if the public body determines that a waiver or reduction of fee is in the public
interest because access or enhanced access can be considered as primarily benefiting the
general public. Examples may include, but are not limited to, instances when:
I. The information is critical to public health or safety;
2. The information is required for non-profit research purposes such as academic
or public interest research;
3. The information is required to meet legal, programmatic or governmental
objectives;
4. The information explains the rights, entitlements and/or obligations of
individuals;
5. The cost of administering the fees would exceed the revenue to be collected;
6. The reasonable fee established would have a serious detrimental impact on the
financial position of particular groups or classes of users;
7. The reasonable fee established would limit the number of users enough to
compromise achieving program or other governmental objectives.
H. Waiver or fee reductions shall be decided by the elected official, department head,
agency, board, commission, council other county public body legally responsible for the
creation, preparation, ownership, custody, control, maintenance, preservation,
guardianship, retention, possession or use of the public record(s) in question. The waiver
or fee reductions shall be approved by the Board of Commissioners prior to the award of
that waiver or reduction.
4. DISCLAIMER
A. Recipients of access or enhanced access receive all information "AS IS". The County
of Oakland, its officers, officials, employees, agents, volunteers, contractors or its public
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bodies, make no warranties of any kind, including but not limited to warranties of
accuracy, fitness for a particular purpose, or of a recipient's right of use. Recipients are
solely responsible for investigating, resisting, litigating and settling such complaints,
including the payment of any damages or costs, unless the Oakland County Board of
Commissioners, by resolution adopted by a majority of those elected and serving, elects
to participate in the process at the County's expense.
B. Except for the Board of Commissioners, by resolution adopted by a majority of those
elected and serving, no officer, official, employee, agent, volunteer, contractor or other
person or public body may make any representation or warranty on behalf of the County
or one of its public bodies.
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Resolution #10273 October 21, 2010
Moved by Runestad supported by Coleman the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Bullard, Burns, Capello, Coleman, Douglas, Gershenson, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub,
Woodward, Zack. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RCSOLUTIO'
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October
21, 2010, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 21 st day of October, 2010.
Gat
Ruth Johnson, County Clerk