HomeMy WebLinkAboutResolutions - 1997.08.14 - 24962HE FOREGOING RESOLUTION
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MISCELLANEOUS RESOLUTION #97165 August 14, 1997
BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - APPROVAL OF ENHANCED ACCESS POLICY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act #462 of 1996, the Enhanced Access to Public Records 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 legislation further requires that a public body who wishes to
provide such enhanced access, must produce a policy, approved by the governing
body, guiding the access to information; and
WHEREAS certain cities, villages and townships may share data through the
County's geographic information system (GIS); and
WHEREAS the Department of Management and Budget, along with Corporation
Counsel, have drafted such a policy and recommend that the Board of Commissioners
adopt it as required by Public Act #462 of 1996.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby adopts the attached Oakland County Enhanced Access to Public Records
Policy, in accordance with the Enhanced Access to Public Records Act, 1996 P.A.
462
BE IT FURTHER RESOLVED that before the County makes available on its
Enhanced Access Program any cities, villages and townships' data, that the County
obtain written permission from that city, village and township to do so.
Chairperson, on behalf of the Finance and Personnel Committee, I move
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
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 P.A. 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 P.A. 462, all Oakland County government public
bodies may provide enhanced access for the inspection, copying, or purchasing of a
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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.
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 and 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)1
B. It is the policy of Oakland County to charge a reasonable fee for
providing access to:
(i) A geographical information system.
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(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 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:
1. 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
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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 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 #97165 August 14, 1997
Moved by Douglas supported by Devine the resolution be adopted.
AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Millard, Moffitt,
Palmer, Powers, Schmid, Taub, Wolf, Amos. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, 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 August 14, 1997 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 14th day of Augus\r97.
LynA D. Allen, County Clerk