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. §§ 45-215
to 45-223, 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. 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 and to ensure that the essential functions of the custodian's
office, department or agency are not disrupted by requests for record
inspection and copying.
E. All inspections 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 $20.
J. The record custodian shall demand full or partial
prepayment of fees whenever his or her estimate for such fees exceeds
$50. 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 all regular working hours for each day the office maintains
regular office hours. If an office keeping or maintaining public records
does not have regular office hours Monday through Friday, the official
custodian for such office shall establish hours for each such day
when no regular office hours are kept at which time members of the
public may make requests for record inspection or copies of records.
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. Violation of this subsection shall be a Class C misdemeanor subject, upon conviction, to a penalty as provided in §
1-2 of this Code.
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.
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 requests 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. 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 seventy-two-hour waiting period must run before such
record may be inspected. During that seventy-two-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.
E. No inspection fee shall be charged the requester if
the actual cost of locating the records pursuant to one request is
less than $5 or, in the case of multiple requests brought by the same
person or on behalf of the same person, where the actual cost of locating
the records pursuant to requests made over a twenty-four-hour period
is less than $5.
F. No inspection fee will be assessed when a denial of
a request is made. The record custodian shall, upon making a denial
of an inspection request, forward a copy of the denial to the City
Attorney.
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 record.
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 Attorney.