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(1) Any person may inspect and copy the public records of the town of Homecroft and any department of the town during the regular business hours of the Town Hall (if the Town Hall has regular business hours), except records of the town which are exempted from disclosure as set out in IC 5-14-3. A request for inspection or copying must:

(a) Identify with reasonable particularity the record being requested; and

(b) Be in writing or on a form provided by the town.

(2) Any request for access to records of the town shall be directed to any of the following persons: (a) the town council president or (b) the clerk-treasurer as follows:

President of the Homecroft Town Council

Clerk-Treasurer of the Town of Homecroft

P.O. Box 47123

P.O. Box 47123

Indianapolis, IN 46247

Indianapolis, IN 46247

(3) The following definitions shall apply to any request for public records under this chapter:

(a) “Direct cost” shall be defined as provided in IC 5-14-3-2(d).

(b) “Investigatory record” shall be defined as provided in IC 5-14-3-2(i).

(c) “Law enforcement activity” shall be defined as provided in IC 5-14-3-2(j).

(d) “Law enforcement recording” shall be defined as provided in IC 5-14-3-2(k).

(4) The town of Homecroft shall permit any person to inspect or copy a law enforcement recording unless the following circumstances apply:

(a) The Homecroft town marshal finds, after due consideration of the facts of the particular case, that access to or dissemination of the recording:

(i) Creates a significant risk of substantial harm to any person or to the general public;

(ii) Is likely to interfere with the ability of a person to receive a fair trial by creating prejudice or bias concerning the person or a claim or defense presented by the person;

(iii) May affect an ongoing investigation, if the recording is an investigatory record of a law enforcement agency as defined in IC 5-14-3-2(i) and notwithstanding its exclusion under IC 5-14-3-4(b)(1); or

(iv) Would not serve the public interest.

However, before permitting a person to inspect or copy the recording, the public agency must comply with the obscuring provisions of IC 5-14-3-5.2(e)(1). [Ord. 2023-07-2, 2023; Amended during 2020 recodification; Ord. 16-04 §§ 1, 2, 2016.]