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<br />CASS COUNTY <br />COMMISSION POLICY MANUAL <br /> <br />14.09 <br /> <br />SUBJECT: COUNTY FEES <br /> <br />Page 3 of 4 <br /> <br />excludina the initial hour. for excising confidential or closed material under section (NDCC) <br />44-04-18.10. If the entity is not authorized to use the fees to cover the cost of providing or <br />mailina the coPY. or both. or if a coPY machine is not readily available. the entity may make <br />arranaements for the coPY to be provided or mailed. or both. by another entity. public or <br />private, and the requester shall pay the fee to that other entity. This subsection does not <br />apply to copies of public records for which a different fee is specifically provided by law. <br /> <br />Access to electronically stored records is free if the records are recoverable without the <br />use of a computer backup. If a request is made for access to a record on a backup. or for a <br />coPy of an electronically stored record, in addition to the charge in this section. the public <br />entity may charae a reasonable fee for providing the copies, includina costs attributable to <br />the use of information technology resources. <br /> <br />Except as provided in this subsection. nothing in this section requires a public entity to <br />create or compile a record that does not exist. Access to an electronically stored record <br />under this section. or a coPy thereof. must be provided at the requester's option in either a <br />printed document or throuah any other available medium. A computer file is not an <br />available medium if no means exist to separate or prevent the disclosure of any closed or <br />confidential information contained in that file. Except as reasonably necessary to reveal <br />the oraanization of data contained in an electronically stored record. a public entity is not <br />required to provide an electronically stored record in a different structure, format, or <br />oraanization. This section does not require a public entity to provide a requester with <br />access to a computer terminaL" <br /> <br />NDCC 44-04-18.1 Public employee personal. medical, and employee assistance records- <br />Confidentiality - Personal information maintained by state entities <br /> <br />"1. Any record of a public employee's medical treatment or use of any employee <br />assistance program is not to become part of that employee's personnel record and <br />is confidential and. except as otherwise authorized by law. may not be used or <br />disclosed without the written authorization of the employee. As used in this section. <br />the term "public employee" includes any individual who has applied for employment, <br />is employed. or has been employed by a public entity. <br /> <br />2. Except as otherwise specifically provided by law, personal information regardina a <br />public employee contained in an employee's personnel record or given to the state <br />or a political subdivision by the employee in the course of the employment is <br />exempt. As used in this section. "personal information" means a person's home <br />address; home telephone number: photoaraph; medical information; motor vehicle <br />operator's identification number: payroll deduction information; the name. address. <br />