Public Records

**Please note there have been some changes in our public record requests process.

Public Records requests can be made by filling out a Record Request Form. The form is fillable online; however, the form must be printed and signed. It can then be mailed in, scanned and emailed, faxed, or brought into the Golder Ranch Fire District Administrative Office in person. The office is open Monday – Friday, 8 a.m. – 5 p.m., excluding holidays.

Our office offers inspection of any public record (A.R.S §39-121) with reproduction of documents available for a fee. If you intend to use the requested documents for commercial purpose, please state the commercial purpose in the reason for request section of the form. The fees associated with all records requests are in accordance to the Approved Fee Schedule adopted by the Golder Ranch Fire District Governing Board.

If the District has a digital record that is available without first making a copy of the record, a record can be sent by email without a fee for the record. However, if the District must first make a copy of a record, before emailing it, it will still be considered a copy of the record and the fees will be in accordance to the Approved Fee Schedule. (Please see the excerpt from the Attorney General’s Handbook below)

Please note that a third party requesting a patient’s medical record must attach one of the following to the Records Request Form: (1) a notarized HIPAA-compliant release per 45 C.F.R. §164.508 signed by the patient; or (2) a court order signed by a judge authorizing the release per 45 C.F.R. §164.512. A subpoena without a HIPAA-compliant release or court order is not sufficient.

Record Request Form    |    HIPAA-Compliant Release Form (for 3rd party requests)

A.R.S. § 39-121.01 (D)(1)

…“The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges.”

Attorney General’s Handbook

6.5.5 Non-Commercial Use. A person requesting copies, printouts, digital copies, or photographs of public records for a non-commercial purpose may be charged a fee for the records. A.R.S. § 39-121.01; but see Section 6.5.7 infra. An agency may charge a fee it deems appropriate for copying records, including a reasonable amount for the cost of time, equipment, and personnel used in producing copies of records, but not for costs of searching for the records. A.R.S. § 39-121.01(D)(1); Hanania v. City of Tucson, 128 Ariz. 135, 136, 624 P.2d 332, 333 (App. 1980); Ariz. Att’y Gen. Op. I86-090.

If an agency must make a copy of a public record due to, for example, necessary redactions but the requester only wants to inspect the record, the agency may not charge a copying fee. Ariz. Att’y Gen. Op. I13-012. Further, if the requester makes copies of public records using his or her own personal device, the agency may not charge a copying fee. Id. If an agency is producing documents pursuant to a subpoena in a civil action to which the agency is not a party, the fee is prescribed by A.R.S. § 12-351.

 A.R.S. § 39-121.03

REQUEST FOR COPIES, PRINTOUTS OR PHOTOGRAPHS; STATEMENT OF PURPOSE; FEES

A.    A person requesting copies, printouts or photographs of public records for a commercial purpose shall, upon making such a request, provide a certified statement setting forth the commercial purpose for which the copies, printouts or photographs will be used.

Upon being furnished the verified statement the custodian of such records may furnish reproductions, the charge for which shall include the following:

  1. A portion of the cost to the state for obtaining the original or copies of the documents, printouts or photographs.
  2. A reasonable fee for the cost of time, equipment and personnel in producing such reproduction.
  3. The value of the reproduction on the commercial market.

COMMERCIAL PURPOSE AS ABUSE OF PUBLIC RECORD; DETERMINATION BY GOVERNOR

B.   If the custodian of a public record determines that the commercial purpose stated in the verified statement is a misuse of public records or is an abuse of the right to receive public records, the custodian may apply to the governor requesting that the governor by executive order prohibit the furnishing of copies, printouts or photographs for such commercial purpose. The governor, upon application from a custodian of public records, shall determine whether the commercial purpose is a misuse or an abuse of the public record. If the governor determines that the public record shall not be provided for such commercial purpose he shall issue an executive order prohibiting the providing of such public records for such commercial purpose. If no order is issued within thirty days of the date of application, the custodian of public records shall provide such copies, printouts or photographs upon being paid the fee determined pursuant to subsection A of this section.

CIVIL PENALTY

C.   A person who obtains public records for a commercial purpose without indicating the commercial purpose or who obtains a public record for a noncommercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or who obtains a public record for a commercial purpose and uses or knowingly allows the use of such public record for a different commercial purpose or who obtains a public record from anyone other than the custodian of such records and uses them for a commercial purpose shall in addition to other penalties be liable to the state or the political subdivision from which the public record was obtained for damages in the amount of three times the amount which would have been charged for the public record had the commercial purpose been stated plus costs and reasonable attorneys’ fees or shall be liable to the state or the political subdivision for the amount of three times the actual damages if it can be shown that the public record would not have been provided had the commercial purpose of actual use been stated at the time of obtaining the records.

DEFINITION OF COMMERCIAL PURPOSE

D.   As used in this section “commercial purpose”, means the use of a public record for the purpose of sale or resale or for the purpose of producing a document containing all or part of the copy, printout or photograph for sale or the obtaining of names and addresses from such public records for the purpose of solicitation or the sale of such names and addresses to another for the purpose of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of such public record. Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in a judicial or quasi-judicial body of this state or a political subdivision of this state.

 A.R.S. § 39-122. Free searches for and copies of public records to be used in claims against United States; liability for noncompliance

A.   No state, county or city, or any officer or board thereof shall demand or receive a fee or compensation for issuing certified copies of public records or for making search for them, when they are to be used in connection with a claim for a pension, allotment, allowance, compensation, insurance or other benefits which is to be presented to the United States or a bureau or department thereof.

B.   Notaries public shall not charge for an acknowledgment to a document which is to be so filed or presented.

C.   The services specified in subsections A and B shall be rendered on request of an official of the United States, a claimant, his guardian or attorney. For each failure or refusal so to do, the officer so failing shall be liable on his official bond

 

 

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