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HomeMy WebLinkAboutOrdinance 18-055-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington ORDINANCE ADDING CH. 3.84 TO THE GRANT COUNTY CODE TITLED "ELECTRONIC ACCESS TO SUPERIOR COURT RECORDS AND IMAGES" WHICH ALLOWS REGISTRATION AND FEE COLLECTION FOR ODYSSEY CASE MANAGEMENT SYSTEM RECITALS: ORDINANCE No. 18- 06 -CC WHEREAS, the Washington Administrative Office of the Courts (AOC) administratively implemented the Odyssey case management system. The Odyssey Portal is a web based application used to access Odyssey court records; and, WHEREAS, access to Odyssey Portal requires registration and approval by the Grant County Clerk; and, WHEREAS, RCW 36.18.050 allows the Clerk to impose uncompensated fees for services similar to existing services; and, WHEREAS, RCW 36.18.016 directs that the Clerk must charge fees for non - statutory services under authority of a local ordinance and/or policy; and, WHEREAS, the Board of County Commissioners of Grant County, State of Washington, hereby authorizes the Grant County Clerk to assess an annual registration fee on all natural persons electronically accessing superior court records; provided, however, the Clerk may not assess a registration access fee on employees of not-for- profit organizations or corporations whose primary purpose is to provide access to justice for the poor and infirm, courts of limited and general jurisdiction, and government agencies and departments accessing superior court records via Odyssey Portal; and, WHEREAS, the Grant County Clerk shall adopt appropriate procedures for the collection of the annual registration access fee; and, WHEREAS, the Grant County Clerk shall have the authority to approve and sign registration access agreements with natural persons desiring access to electronic superior court records; and, WHEREAS, the Grant County Clerk shall establish a registration fee for access to the Odyssey Portal. The Clerk may adjust the fee annually to reflect any changes in Civil8\Departments\Ordinances\2018\Electronic Access Fee Page 1 the costs of providing the service as determined by financial analysis or comparisons with other entities; and, WHEREAS, subsequent system expansion including image viewing through a document management system may increase costs; therefore, the Clerk shall be authorized to assess an access fee up to Five Hundred Dollars and no/100's ($500) annually for maintaining, enhancing, and operating said service upon implementation of future expansion to view electronic images of superior court records. NOW, THEREFORE, BE IT HEREBY ORDAINED: by the Board of County Commissioners of Grant County, State of Washington, that a new chapter, "Electronic Access to Superior Court Records and Images" be added to Title 3 as Chapter 3.84 of the Grant County Code, as follows: Chapter 3.84 ELECTRONIC ACCESS TO SUPERIOR COURT RECORDS AND IMAGES Sections: 3.84.010 Assessment of access fee authorized. 3.84.020 Fee collection. 3.84.030 Contracting authority. 3.84.040 Establishment of fee. 3.84.010 Assessment of access fee authorized. The Grant County Clerk is authorized to assess a registration access fee on all natural persons electronically accessing superior court records; provided, however, that the clerk may not assess a registration access fee on employees of not-for-profit organizations or corporations whose primary purpose is to provide access to justice for the poor and infirm, courts of limited and general jurisdiction, and government agencies and departments accessing superior court records via Odyssey Portal while in the performance of their official duties. 3.84.020 Fee collection. The Grant County Clerk shall adopt appropriate procedures for the collection of the annual registration access fee. 3.84.030 Contracting authority. The Grant County Clerk shall have the authority to approve and sign access agreements with natural persons desiring access to electronic superior court records. Civil8\Departments\Ordinances\20.8\Electronic Access Fee Page 2 3.84.040 Establishment of fes. The Grant County Clerk shall charge an annual registration access fee of Twenty-five Dollars and no/100's ($25.00) per entity for access to Odyssey Portal. Subsequent expansion of access to view electronic images via a document management system may include an additional annual fee of up to $500.00 based upon the costs of providing access to electronic images of superior court records and maintaining, enhancing, and operating said service. The Clerk may annually adjust either the registration access fee or the electronic image fee to reflect any changes in the costs of providing these services as determined by subsequent financial analysis and/or comparisons with other entities. DATED this S'X day of 2018. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON Richard Stevens, hair ATTE T: J. q zTo aylor, Vice airOC-arbara lerk of tl o r Cindy Carte Member y Published: Approved as to form: tarnes itchell, WSBA #31031 Deputy Prosecuting Attorney Date: 5 /A Civil8\Departments\Ordinances\2018\Electronic Access Fee Page 3