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HomeMy WebLinkAboutResolutions - 2016.10.06 - 22622MISCELLANEOUS RESOLUTION #16274 October 6, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: INFORMATION TECHNOLOGY — REVISION OF THE ENHANCED ACCESS TO PUBLIC RECORDS POLICY AND THE ACCESS OAKLANDIG2G CLOUD SOLUTIONS MASTER FEE STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 462 of 1996, the Enhanced Access to Public Records Act, being MCL 15.441 et seq. (the "Act"), allows public bodies to provide enhanced access for the inspection, copying, or purchasing of a public record that is not confidential or otherwise exempt by law from disclosure; and WHEREAS the Act further allows a public body to charge a reasonable fee, established by the public body's governing body, for providing enhanced access; and WHEREAS the Act requires that a public body who wishes to provide such enhanced access, must produce a policy, approved by the governing body; and WHEREAS the Oakland County Board of Commissioners enacted and approved such a policy, The Enhanced Access to Public Records Policy dated August, 1997, through Miscellaneous Resolution #97165, and amended the policy most recently by The Enhanced Access to Public Records Policy dated May, 2013, through Miscellaneous Resolution #13153 dated June, 2013; and WHEREAS the Policy includes a provision for charging a reasonable fee approved by the Board of Commissioners for providing enhanced access to a public record; and WHEREAS the Department of Information Technology has determined that revisions to the Enhanced Access to Public Records Policy are needed to authorize enhanced access fees only for public records specifically listed in the Access Oakland/G2G Cloud Solutions Master Fee Structure and to modify the Policy disclaimer to make it consistent with other disclaimers drafted by the Department of Information Technology; and WHEREAS the attached Enhanced Access to Public Records Policy is revised to authorize enhanced access fees only for public records specifically listed in the Access Oakland/G2G Cloud Solutions Master Fee Structure; and WHEREAS the attached revised Policy also modifies the Policy disclaimer to make it consistent with other disclaimers drafted by the Department of Information Technology; and WHEREAS the attached Access Oakland/G23 Cloud Solutions Master Fee Structure is revised to remove certain data from that Fee Structure to allow such data to be published on the County's Open Data Portal. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and adopts the attached revised Enhanced Access to Public Records Policy and the revised Access Oakland/G2G Cloud Solutions Master Fee Structure each dated September, 2016. 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. FINANCE COMMITTEE VOTE: Motion carried on a roll call vote with Woodward voting no. ENHANCED ACCESS TO PUBLIC RECORDS POLICY Oakland County, Michigan September, 2016 This policy is established pursuant to the authority of the Enhanced Access to Public Records Act, 1996 P.A. 462, being MCL 15.441 et seq. 1. DEFINITIONS a. "Enhanced access" means 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. Ii "Geographical information system" means an informational unit or network capable of producing customized maps based upon a digital representation or geographical data. c. "Person" means that term as defined in Section 2 of the Freedom of Information Act, 1976 P.A. 442, and 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, No. 442 of the Public Acts of 1976, and being Section 15.232 of the Michigan Compiled Laws. c. "Public Record" means that term as defined in Section 2 of the Freedom of Information Act, No. 442 of the Public Acts of 1976, and being Section 15.232 of the Michigan Compiled Laws. f. "Software" means that term as defined in Section 2 of the Freedom of Information Act, No. 442 of the Public Acts of 1976, and being Section 15.232 of the Michigan Compiled Laws. 2. AUTHORIZATION a. Pursuant to 1996 P.A. 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)1. b. This policy does not require a public body to provide enhanced access to any specific public record [Sec. 3(4)]. c. This policy shall only apply to public records, access to geographical information systems, or the output from geographical information systems that are listed in the "ACCESS OAKLAND/G2G CLOUD SOLUTIONS MASTER FEE STRUCTURE" as approved by the Board of Commissioners. d. 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 available through Rev 09/02/2016 Page 1 of 3 enhanced access. e. 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: i. Management principles applied to information resources should be the same as those applied to other governmental resources. ii. 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 and accountability for the management of public record information. iii. Information resources investments must be driven by legal, programmatic and governmental requirements. iv. 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" include, but are 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 Department of Information Technology and Fiscal Services Division shall establish 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 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, statute or Sections 3(g) and 3(h) of this policy, 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 Rev 09/02/2016 Page 2 of 3 interest because access or enhanced access can be considered as primarily benefitting the general public or serving an educational purpose. Examples include, but are not limited to, instances when: i. The infolination is critical to public health or safety; ii. The information is required for non-profit research purposes such as academic or public interest research; iii. The information is required to meet legal, programmatic or governmental objectives; iv. The information explains the rights, entitlements and/or obligations of individuals; v. The cost of administering the fees would exceed the revenue to be collected; vi. The reasonable fee established would have a serious detrimental impact on the financial position of particular groups or classes of users; vii. The information is requested by a student for use in an educational or academic project or assignment; viii. The information is requested for inclusion in educational or training materials; ix. The reasonable fee established would limit the number of users enough to compromise achieving program or other governmental objectives. h. Waiver or fee reductions may be granted by the elected official, department head, agency, board, commission, council, or 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, subject to the following conditions: i. If the enhanced access fee for the requested product(s) is less than $750 and a waiver or reduction of fees is in the public interest, the elected official, department head, agency, board, commission, council, or 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, in collaboration with the Department of Information Technology may approve a waiver or fee reduction without further action of the Board of Commissioners. ii. If the enhanced access fee for the requested product(s) is equal to or greater than $750, the waiver or fee reduction shall be approved by the Board of Commissioners prior to the award of that waiver or reduction. 4. DISCLAIMER a. Enhanced Access to public records, access to geographical information systems, or the output from geographical information systems is only for informational purposes and is provided "AS IS." Oakland County does not warrant or guarantee the completeness, accuracy, or content of the public records, geographical information systems, or the output from geographical information systems. Oakland County, its officers, officials, employees, agents, volunteers, or contractors make no warranties of any kind, including but not limited to warranties of accuracy, fitness for a particular purpose, or of a Person's right to use the public records, geographical information systems, or the output from geographical information systems. Rev 09/02/2016 Page 3 or 3 ACCESS OAKLANDiG2G CLOUD SOLUTIONS MASTER FEE STRUCTURE PRODUCT NAME Residential Property Profile (RPP) - Subscription Residential Property Profile (RPP) - Any Transaction Commercial & Industrial Property Profile - Subscription Commercial & Industrial Property Profile-Any Transaction Mortgage Application Acceleration Program (MAAP) - Any Transaction Delinquent Tax Statement Program - Account Transaction Delinquent Tax Statement Program - Non Account Transaction Current Tax Profile - Any Transaction Map Atlas Viewer (MAV) - Any Transaction Land Product Bundle (LPB)-(includes RPP, MAAP and MAV) 100 to 400 users 401 to 700 users 701 users + Recorded Document Profile - Subscription 80 searches 170 searches 260 searches 450 searches Document view and/or print Unlimited usage Recorded Document Profile - Non Subscription Document view and/or print y • Survey Oakland - Subscription Land Corner Recordation Certificate - Subscription Land Corner Recordation Certificate - Non Subscription Transaction Real Estate Tax Service Report Tax Data (Summer or Winter) Assessing Data (Residential, Commercial/Industrial or Personal) Parcel Attribute Data (Real or Personal) PRICE $13.00 per month $7.50 per transaction $15.00 per month $12.50 per transaction $20.00 per transaction $1.50 per transaction $2.00 per transaction $2.50 per transaction $4.00 per transaction $10.00 per month/per user $7.00 per month/per user $5.00 per month/per user $200.00 $1.00 $2,000,00 to $5,000.00 $5.00 $1.00 $20,00 $500.00 $200.00 $0.50 $0.25 $40.00 per month $80.00 per month $120.00 per month per month per document $6.00 $110.00 $0.01 $0.01 $0.01 per month per search per document per-or-der---item per--a&I-Etienal-Gepy annually annually per search per document per transaction per city, village or twp. per record per record per record September 20, 2016 1 ACCESS OAKLAND/G2G CLOUD SOLUTIONS MASTER FEE STRUCTURE Shopping Cart, Payment, and Express Checkout Products Payment Via Credit/Debit Card: Order Price Range Enhanced Access From To Fees $0.00 $49.99 $2.50 $50.00 $99.99 $4.00 $100.00 $199.99 $5.50 $200.00 $299.99 $8.25 $300.00 $399.99 $11.00 $400.00 $499.99 $13.75 $500.00 $599.99 $16.50 $600.00 $699.99 $19.25 $700.00 $799.99 $22.00 $800.00 $899.99 $24.75 $900.00 $999.99 $27.50 $1,000.00 $9,999.99 $10,000.00 and over Pricing Description Flat Rate per order Flat Rate per order Flat Rate per order Flat Rate per order Flat Rate per order Flat Rate per order Flat Rate per order Flat Rate per order Flat Rate per order Flat Rate per order Flat Rate per order 2.75% of Order 2.00% of Order Payment Via Electronic Check: $2.50 Flat Rate per Order Note 1: All pricing is for access to this information, which may include the ability to download and/or print this data, subject to use restrictions that may be necessary to protect the County's intellectual property rights in this data, and any software underlying the access. Note 2: Fees are applicable to Access Oakland, Property Gateway and G2G Cloud Solution products. Note 3: The same fees are used by all G2G Cloud Solution participants. September 20, 2016 2 Lisa Brown, Oakland County Resolution #16274 October 6, 2016 Moved by Middleton supported by Dwyer the resolution be adopted. Discussion followed. Vote on resolution: AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Zack, Bowman, Crawford, Dwyer. (19) NAYS: Woodward. (1) A sufficient majority having voted in favor, the resolution was adopted. ro/7//(6__ GERALD D. POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTINS PURSUANT TO MCL 45.559A(7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 6, 2016, 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 6th day of October, 2016.