[Code 1995]
(a)
It is hereby declared to be the policy of the City that all public
records which are made, maintained or kept by or are in the possession
of the City, its officers and employees, shall be open for public
inspection as provided by, and subject to the restrictions imposed
by, the Kansas Open Records Act.
(b)
Any person, upon request, shall have access to such open public records
for the purpose of inspecting, abstracting or copying such records
while they are in the possession, custody and control of the appointed
or designated record custodian thereof, or his or her designated representative.
The record custodian(s) appointed and designated pursuant to
this article shall preserve and protect all public records from damage,
disorganization and theft and shall assist, in a timely and efficient
manner, any person making request for access to any open public record.
All City offices keeping and maintaining open public records
shall establish office hours during which any person may make a request
for access to an open public record. Such hours shall be no fewer
than the hours each business day the office is regularly open to the
public. For any City office not open Monday through Friday, hours
shall be established by the record custodian for each such day at
which time any person may request access to an open public record.
All City offices keeping and maintaining open public records
shall provide suitable facilities to be used by any person desiring
to inspect and/or copy an open public record. The office of the City
Clerk, being the principal record-keeper of the City, shall be used
as the principal office for providing access to and providing copies
of open records to the maximum extent practicable. Requesters of records
shall be referred to the office of the City Clerk except when the
requested records are not in that office and are available in another
City office.
Any person requesting access to an open public record for purposes
of inspecting or copying such record, or obtaining a copy thereof,
shall abide by the procedures adopted by the governing body for record
inspection and copying, including those procedures established by
record custodians as authorized by the governing body. Such procedures
shall be posted in each City office keeping and maintaining open public
records.
The following City officers are hereby appointed as official
custodians for purposes of the Kansas Open Records Act and are hereby
charged with responsibility for compliance with that Act with respect
to the hereinafter listed public records:
(a)
City Clerk. All public records kept and maintained in the City Clerk's
office and all other public records not provided for elsewhere in
this section.
(b)
City Treasurer. All public records not on file in the office of the
City Clerk and kept and maintained in the City Treasurer's office.
(c)
Chief of Police. All public records not on file in the office of
the City Clerk and kept and maintained in the City police department.
(d)
City Attorney. All public records not on file in the office of the
City Clerk and kept and maintained in the City Attorney's office.
(e)
Clerk of the Municipal Court. All public records not on file in the
office of the City Clerk and kept and maintained in the municipal
court.
(a)
Each of the official custodians appointed in Section 1-906 is hereby authorized to designate any subordinate officers or employees to serve as record custodian. Such record custodians shall have such duties and powers as are set out in the Kansas Open Records Act.
(b)
Whenever an official custodian shall appoint another person as a
record custodian he or she shall notify the City Clerk of such designation
and the City Clerk shall maintain a register of all such designations.
All City officers and employees appointed or designated as record
custodians under this article shall: protect public records from damage
and disorganization; prevent excessive disruption of the essential
functions of the City; provide assistance and information upon request;
insure efficient and timely action and response to all applications
for inspection of public records; and shall carry out the procedures
adopted by this City for inspecting and copying open public records.
(a)
All members of the public, in seeking access to, or copies of, a
public record in accordance with the provisions of the Kansas Open
Records Act, shall address their requests to the custodian charged
with responsibility for the maintenance of the record sought to be
inspected or copied.
(b)
Whenever any City officer or employee appointed or designated as
a custodian under this article is presented with a request for access
to, or copy of, a public record which record the custodian does not
have in his or her possession and for which he or she has not been
given responsibility to keep and maintain, the custodian shall so
advise the person requesting the record. Further, the person making
the request shall be informed as to which custodian the request should
be addressed to, if such is known by the custodian receiving the request.
The City Clerk is hereby authorized to provide the clerk's office,
and the office of each record custodian, with sufficient cash to enable
the making of change for record fee purposes. Each custodian shall
transmit all record fee moneys collected to the City Treasurer monthly.
Each custodian shall maintain duplicates of all records and copy request
forms, completed as to the amount of fee charged and collected, which
amounts shall be periodically audited by the clerk-finance officer
and treasurer of the City.
(a)
Where a request has been made for inspection of any open public record
which is readily available to the record custodian, there shall be
no inspection fee charged to the requester.
(a)
A fee of $0.25 per page shall be charged for photocopying public
records, such fee to cover the cost of labor, materials and equipment.
(b)
For copying any public records which cannot be reproduced by the
City's photocopying equipment, the requester shall be charged the
actual cost to the City, including staff time, in reproducing such
records.
(a)
A record custodian may demand prepayment of the fees established
by this article whenever he or she believes this to be in the best
interest of the City. The prepayment amount shall be an estimate of
the inspection and/or copying charges accrued in fulfilling the record
request. Any overage or underage in the prepayment shall be settled
prior to inspection of the requested record or delivery of the requested
copies.
(b)
Prepayment of inspection and/or copying fees shall be required whenever,
in the best estimate of the record custodian, such fees are estimated
to exceed $2.
(c)
Where prepayment has been demanded by the record custodian, no record
shall be made available to the requester until such prepayment has
been made.
All fees charged under this article shall be paid to the custodian
of the records inspected and/or copied unless the requester has established
an account, for purposes of billing and payment, with the City.
