Enhanced access proposals.
Indianapolis-Marion County Revised Code § 285-308
in effectSec. 285-308. - Enhanced access proposals.
(a) Subject to the provisions of section 285-304, any public agency desiring to provide enhanced access shall first submit a statement to the enhanced access review committee:
(1) Identifying the computerized information to which enhanced access is to be provided;
(2) Describing the end product to be provided to any person who obtains the proposed enhanced access;
(3) Describing the fee structure for the proposed enhanced access;
(4) Identifying all public agencies which the submitting public agency believes are custodians of the computerized information to which enhanced access is to be provided or submit a joint custodian agreement; and
(5) Identifying all other public agencies which the submitting public agency believes are also providing an enhanced access end product similar to the proposed enhanced access end product.
(b) Within ten (10) days after receipt of the statement required by subsection (a) of this section, the review committee shall notify the submitting agency:
(1) That the proposed enhanced access is not within the scope of the board's authority;
(2) That the proposed enhanced access has been approved; or
(3) Of a date of a hearing in which the review committee shall determine:
a. Whether the submitting public agency has proposed a reasonable enhanced access fee structure for the proposed enhanced access;
b. Which public agency or agencies are the custodians of the computerized information to which enhanced access is proposed and the percentage of the computerized information which is in the custody of each public agency in the event the computerized information is in the custody of more than one (1) public agency;
c. Whether the proposed enhanced access end product is similar to the enhanced access end product being provided by any other public agency.
(c) If the review committee determines that:
(1) The submitting public agency's proposed enhanced access fee structure is not reasonable;
(2) The submitting public agency is not the sole custodian of the computerized information to which enhanced access is proposed and the submitting public agency has not executed a joint custodian agreement with all other custodians; or
(3) The proposed enhanced access end product is similar to the enhanced access end product being provided by any other public agency;
then the review committee shall so advise the submitting public agency, and the submitting public agency shall not provide the proposed enhanced access until the submitting public agency and the board have agreed upon a reasonable fee structure, and issues concerning joint custodianship and similar enhanced access products have been resolved.
(d) If a hearing is scheduled as provided in subsection (b)(3) of this section, the hearing shall be held within twenty (20) days of receipt of the statement, unless a continuance of the hearing has been requested by the submitting agency.
(e) If the review committee fails to notify the submitting agency within ten (10) days or fails to hold a hearing within twenty (20) days of receipt of a statement, as required in subsections (b) and (c) of this section, then the proposed enhanced access shall be deemed approved.
(f) All decisions of the review committee shall be final unless a notice of appeal is filed with the board within five (5) business days of the review committee's decision.
(g) No public agency, or officer, employee or agent thereof, shall provide enhanced access without first fulfilling the requirements of this section.
(G.O. 78, 1993, § 1; G.O. 136, 1998, § 1)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH285SPAG_ARTIIIENACCOCO_S285-308ENACPRFetched: 10/27/2026
