Audio File Request Form

Records Release Policy

PURPOSE:
Establish rules and procedures regarding the request to inspect or obtain copies of Washington-Yuma Combined Communication Center (WYCC) records, and provide the fees WYCC will impose, consistent with the requirements and authority granted by Applicable Law.

DEFINITIONS:
“Applicable Law” means all federal, state and local laws, rules and regulations governing the requests to inspect or obtain copies of WYCC records, included but not limited to, the Colorado Public Records Act, CRS § 24-72-201, et seq.; Colorado Criminal Justice Records Act, CRS § 24-72-301, et seq.; Children’s Code Records and Information Act CRS § 19-1-301, et seq., and relevant Court decisions or other applicable laws.

“Member Agency” means an agency or agencies that make up WYCC’s Board of Directors, or which WYCC is contracted with.

“Criminal Justice Records” meaning set forth in the Colorado Criminal Justice Records Act CRS § 24-72-302 et seq.

“Basic Identification Information” means the name, place and date of birth, last known address, social security number, occupation and address of employment, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person.

PROCEDURE:
All requests for records shall be in writing using WYCC’s Records Request Form and emailed to leadership@wycomm.org. If a verbal request is made, you will be asked to fill out the Records Request Form to begin the process. Action will not be taken on an incomplete request, until a completed and signed Records Request Form is received by WYCC.

1. Requests for inspection at WYCC’s administrative office, are subject to WYCC’s standard security protocols and may be denied if required by those protocols.
2. Because WYCC records are considered Criminal Justice Records, a statement affirming No Pecuniary Gain must be submitted before WYCC will begin processing and/or producing the requested records.
3. Requests for Public Records and Criminal Justice Records may be submitted by filling out the Records Request form on the WYCC website, or downloading the fillable PDF from the WYCC website and emailing to leadership@wycomm.org, or hand delivering to the WYCC in Yuma, Colorado.
4. WYCC is the custodian of records, they do not own the records. The Member Agency’s require WYCC to seek permission to release all and any records, audio and/or CAD. Due to this process the timeframe to return the records requested may be 7 days or longer.
5. WYCC will notify the record requester via email, of the estimated cost if it will be $50 or more. The requestor MUST reply to the email stating that they wish to proceed. If the email goes unanswered for more than 7 days, WYCC will assume the requestor has denied the fee. At that time WYCC will stop work on the requested record/s.
6. WYCC will redact Basic Identification Information per CRS § 24-72-301 (C)(1)(b)(1).
7. WYCC may redact or refuse to release records in accordance with CRS § 24-72-305 or if a member agency denies WYCC to release the requested record/s.

RELEASE RESTRICTIONS:
Examples of release restrictions include, but are not limited to:

1. Personal identifying information, including an individual’s photograph, Social Security, and driver identification numbers, name, address and telephone number, and medical or disability information that is contained in any driver’s license record, motor vehicle record or any office record, including traffic accident reports, are restricted except as authorized by the office, and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722).
2. Victim information that may be protected by statutes (CRS § 24-4.1-303; CRS §24-72-304).
3. Juvenile-related information that may be protected by statutes (CRS § 19-1-304).
4. Certain types of reports involving, but not limited to, child abuse or neglect (CRS §19. 19. 19. 19. 1-307) and at-risk adult abuse (CRS § 26-3.1-102).
5. Records that contain the notation “CHILD VICTIM” or “SEXUAL ASSAULT” shall have identifying information deleted as required by (CRS § 24-72-304).
6. Records that contain information concerning an application for victim’s compensation (CRS § 24-4.1-107.5).
7. Information received, made or kept by the Safe2Tell® program (CRS § 24-31-607).
8. Records of the investigations conducted by the office, records of the intelligence information or security procedures of the office, or any investigatory files compiled for any other law enforcement purpose (CRS § 24-72-305).
9. The result of chemical biological substance testing (CRS § 24-72-305).
10. The address of an individual who has requested and been approved for address confidentiality (CRS § 24-30-2108).
11. Personnel records, medical records and similar records which would involve personal privacy. (CRS § 24-72-204)
12. Records in part or in whole, which detail locations, procedures, or items that cause a safety and/or security concern. (CRS § 24-72-204)
13. Any other record subject to inspection where such inspection would be or is (CRS §24-72-305):
    1. Contrary to any state statute.
    1. Prohibited by rules promulgated by the state supreme court or by order of any court.

FEES AND CHARGES:
Fees for requested records and/or audio recordings in accordance with CRS § 24-72-306 and CRS § 24-72-205 et seq.

CRS § 24-72-306 Criminal justice agencies may assess reasonable fees, not to exceed actual costs, including but not limited to personnel and equipment, for the search, retrieval, and redaction of criminal justice records requested pursuant to this Part 3 and may waive fees at their discretion. In addition, criminal justice agencies may charge a fee not to exceed twenty-five cents per standard page for a copy of a criminal justice record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a criminal justice record in a format other than a standard page. 

CRS § 24-72-205. Copies, printout, or photographs of public records. (1)(a) In all cases in which a person has the right to inspect a public record, the person may request a copy, printout, or photograph of the record. The custodian shall furnish a copy, printout, or photograph and may charge a fee determined in accordance with subsection (5) of this section; except that, when the custodian is the secretary of state, fees shall be determined and collected pursuant to section 24-21-104 (3), and when the custodian is the executive director of the department of personnel, fees shall be determined and collected pursuant to section 24-80-102 (10). Where the fee for a certified copy or other copy, printout or a photograph of a record is specifically prescribed by law, the specific fee shall apply.

**** If your request contains protected health information (HIPAA); i.e., an ambulance call; please download the below document and return to leadership@wycomm.org. Currently, we cannot accommodate requests containing HIPAA information, through our website form. All other requests may be made through the website form below or by downloading the below document. ****

Audio File Request Form

Requestor Name *

First

Last

Date of Birth

mm/dd/yyyy

Requestor Address

Requestor Email *

Requestor Phone Number *

(###)###-####

Requesting Agency Name or Relationship: (victim, suspect, etc.)

Responding Acgency Name

Incident / Case Number (if known)

Date of Incident / Call *

mm/dd/yyyy

Approximate Time of Call (start / end) *

Location / Address of Incident *

Person(s) Involved *

Type of Audio Requested *

• 9-1-1 Call Audio
• Radio / Dispatch Audio
• CAD System Audio / Logs
• Other

Other:

Explain Intended Use (e.g. media, legal defense, research) *

Fee Acknowledgement *

• Acknowledge (must be selected)
• I request a fee waiver (if eligible under statute)

Fees: Requests for records and/or audio recordings will be processed as follows: fees are $41.37 per hour after the first hour including personnel and equipment, redaction, search and retrieval, pursuant to section 24-72-205 (6), C.R.S. All fees will be rounded to the nearest quarter hour. Requests will be fulfilled digitally and delivered via email unless otherwise requested, or if the data amount is too large for email delivery. If provided via hard copy or thumb drive form, the following fees apply in addition to any applicable recording fees: $0.25 per page, or $2.50 for a thumb drive. If mailed, applicable postage fees will be charged.

****Payment can be made by local, or cashier’s check only. We do not accept cash or credit/debit cards. ****

Call Affirmation CCJRA

Delivery Preference *

• Digital download / secure link
• USB flash drive
• CD / DVD
• Hard copy transcript
• Other

Other

Affirmation (Required for Criminal Justice Records / CCJRA Requests) *

• Agree

Pursuant to C.R.S. 24-72-305.5: Records of official actions and criminal justice records and names, addresses, telephone numbers, and other information in such records shall not be used by any person for the purpose of soliciting business for pecuniary gain. The official custodian shall deny any person access to records of official actions and criminal justice records unless such person signs a statement which affirms that such records shall not be used for the direct solicitation of business for pecuniary gain.

By signing this form, I acknowledge and affirm that the records I obtain from Washington-Yuma Combined Communications Center as a result of this request shall not be used for the direct solicitation of business for pecuniary gain.

Full Name of Requesting Party *

Date of Request *

mm/dd/yyyy

Submit