CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 10. OPEN RECORDS

The following procedures are hereby adopted and shall be applied by each official custodian and record custodian.

(a)   Consistent with the policy, duties and procedures established by the State of Kansas in K.S.A. 45-205:214 all city record custodians shall provide full access and assistance in a timely and efficient manner to persons who request access to open public records.

(b)   The city manager shall be responsible for the administration and implementation of the city’s open public records program. The city manager shall appoint record custodians in the various departments as necessary. The city manager shall be authorized to develop administrative procedures to implement this article within the intent and spirit of this article. The term “record custodians” as used in this article shall include the city manager and any other record custodians. Record custodians shall adopt and apply open public record access and copy procedures consistent with the policies of the city and with the provisions of the Open Records Act. Specifically, such procedures will inform members of the public of the procedures to be followed in making a request for inspection or a copy of an open public record, including the hours during which record inspection or copy requests may be made; who a request is to be made to; the forms to be completed in making a request; and the schedule of fees charged.

(c)   Record custodians shall adopt and apply procedures which will ensure the protection and preservation of public records with respect to the manner in which such records are inspected and copied.

(d)   Record custodians shall take necessary measures, not inconsistent with their duties, to provide full public access to open public records, to ensure that the essential functions of the custodian’s office, department or agency is not disrupted by requests for record inspection and copying.

(e)   All inspection and copying of open public records shall be performed by, or under the supervision of, the record custodian responsible for such records.

(f)   All persons requesting the inspection of or a copy of open public records shall make such request in writing prior to the request being honored, except that no form shall be required for requests made for records which have been reproduced for free public distribution.

(g)   All record inspection and copying forms are to be completed by the person requesting the record. The record custodian may demand reasonable identification of any person requesting a record.

(h)   Any fees for record inspection or for copies are due at the time the records, or copies thereof, are provided to the requester, unless the record custodian has demanded that prepayment of all or part of such fees be made. Fees are to be paid to the record custodian.

(i)    The record custodian shall notify the record requester prior to commencing search of the record or copies thereof, of his or her estimate of the fee which will be made for honoring the request whenever such estimate exceeds $10.

(j)    The record custodian may demand full or partial prepayment of fees whenever his or her estimate for such fees exceeds $10. Prepayment may or may not be required of a requester who maintains an account in good standing with the city for purposes of payment of record fees.

(k)   The record custodian shall determine and assess a charge covering mailing and handling costs accrued in responding to requests through the mail service.

(l)    The record custodian may exercise his or her discretion to reduce or waive any inspection or copying fees when such is in the public interest.

(m)  No record inspection or copying charge shall be assessed against officers or employees of the city who make requests which are reasonably necessary to the performance of their official duties.

(n)   Hours for making requests for inspection or copying shall be the regular working hours maintained by that department; provided, however, that the regular hours shall not be greater than 8:00 a.m. to 5:00 p.m. Monday through Friday. This shall include all city departments.

(o)   Removal of open public records from the office where kept and maintained, for purposes of inspection and/or the making of copies shall be permitted only with the written permission of the record custodian. It shall be unlawful for any person to fail to return such records at the time and place where such return has been promised. Upon conviction for violation of this subsection, a person shall be subject to penalties provided for in section 1-115 of this chapter.

(p)   The above procedures, as well as any other inspection and copying procedures shall be posted in a conspicuous place in the office of the record custodian.

(Ord. 1440, Sec. 1)

The following procedures are hereby adopted and shall be applied by every official custodian and record custodian:

(a)   Record custodians shall handle all inspection requests in accordance with their duties to protect and preserve public records and to assist persons requesting inspection of open public records.

(b)   All request forms must be completed by the party requesting the record. In all cases the party so requesting must be an individual person or persons. Written request shall be made on the form provided by the record custodian and presented to the record custodian.

(c)   A written request is sufficient if it reasonably describes the record sought. In instances where the requester cannot provide sufficient information to identify a record, the custodian shall assist in making such identification.

(d)   It shall be the policy of the city to promptly reply to requests for public records and in no case shall any request be answered later than the end of the third business day following the date that the request is received. Business days shall be Monday through Friday, inclusive, except for city holidays.

(e)   In cases where a request for a specific record gives the record custodian reason to believe that the record contains information of a personal nature which, if disclosed, would constitute an unwarranted invasion of personal privacy, the record custodian shall inform the requester that a 72- hour waiting period must run before such record may be inspected. During that 72-hour period, the record custodian shall make every reasonable effort to determine the identity of those persons whose privacy interest may be so affected by disclosure. The record custodian shall attempt to contact such persons and ascertain whether they, or any of them will seek a court order challenging disclosure. If so, the record custodian shall deny inspection pending the outcome of litigation or an intervening court order.

(f)   Inspection fee shall be established by resolution adopted by the governing body.

(Ord. 1440, Sec. 2)

The following procedures are hereby adopted and shall be applied by each official custodian and record custodian:

(a)   Record custodians shall handle all copy requests in accordance with their duties to protect and preserve public records and to assist persons requesting copies of open public records.

(b)   All request forms must be completed by the party requesting the copies. In all cases the party so requesting must be an individual person or persons. Written requests shall be made on the form provided by the record custodian.

(c)   Mechanical reproduction of a record shall not be undertaken when it is the judgment of the record custodian that any available means of mechanically reproducing the subject record is likely to cause damage to such records.

(d)   No copy fee shall be assessed when multiple copies of the record requested have been prepared for free public distribution, or when the record custodian determines that the cost of charging and handling the fee exceeds the cost of providing a copy without charge.

(e)   No copying fee will be assessed when a denial of a request is made. The record custodian shall, upon making a denial of a copying request, forward a copy of the denial to the city manager and the city attorney.

(Ord. 1440, Sec. 3)