City record custodians, hereinafter designated, shall provide full access to all public records of the City, except those records listed in K.S.A. 45-221. All inspections of records and all copying of records shall be performed by or under the supervision of the custodian responsible for such records. The custodians may require that requests for inspection or for copying any record be in writing. Requests for inspections and copies shall be received during regular office hours.
(Ord. 1119, Sec. 1)
The following City officers are, appointed and shall act as custodians for the records maintained in their individual offices and possession:
(c) Chief of Police,
(d) Fire Chief,
(f) Utilities Superintendent
(g) Judge of the Municipal Court
The Clerk shall serve as custodian and maintain all other public records of the City not provided for above. The clerk may appoint any other City employee as an additional record custodian.
(Ord. 1119, Sec. 2)
(a) When request is made for inspection of any record which is readily available to the custodian, there shall be no inspection fee charged to the requestor.
(b) In all cases not covered by subsection (a) of this section, a record inspection fee shall be charged at the rate of Ten Dollars ($10.00) per hour. A minimum charge of Five Dollars ($5.00) shall be charged for each such request.
(c) A fee of Fifty Cents ($0.50) per page shall be charged for photocopying public records, such fee to cover the cost of labor, materials and equipment.
(d) In addition to the fees herein established, the custodians shall assess a charge to cover postage and handling in responding to requests through the mail service.
(e) For copying any record which cannot be reproduced by the City’s equipment, the requester shall be charged the actual cost to the City, including staff time, or reproducing such records.
(f) Prepayment of any fees due under this section may be demanded by the custodian. All fees for inspection and copying shall be due at the time the same is furnished. All fees collected by the custodian shall be paid to the City Treasurer.
(g) 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.
(h) All fees provided for in this section may be adjusted or increased by resolution of the Governing Body at any time, and said adjusted fees shall include those fees necessary for electronic mail or fax transmissions.
(Ord. 1119; Code 2015)
Regarding the inspection and copying of records:
(a) Custodians may adopt any procedure to provide access to records compatible with the normal routine of their office, so long as said procedures are consistent with this ordinance and the Kansas Open Records Act, K.S.A. 1983 Supp. 45-205 et seq., and such procedures shall ensure the protection and preservation of the public records.
(b) All inspections and copying of records shall be performed by, or under the supervision, of the custodian responsible for such records.
(c) In cases where a request for a specific record gives the 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 custodian shall inform the requester that a seventy-two (72) hour waiting period must run before such record may be inspected. During that seventy-two (72) hour period, the custodian shall make every reasonable effort to determine the identity of those persons whose privacy interests may be so effected by the disclosure. The custodian shall attempt to contact such person and ascertain whether they, or any of them, will seek a court order challenging a disclosure. If so, the record custodian shall deny inspection pending the outcome .of litigation or an intervening court order.
(d) Mechanical reproduction of a record shall not be undertaken when it is the judgment of the custodian that any available means of mechanically reproducing the subject record is likely to cause damage to such record.
(Ord. 1119, Sec. 4)
The city clerk is hereby appointed as the local freedom of information officer. The Local Freedom of Information Officer shall:
(a) Prepare and provide educational materials and information concerning the Kansas Open Records Act;
(b) be available to assist the city and members of the general public to resolve disputes relating the Kansas Open Records Act;
(c) respond to inquiries relating to the Kansas Open Records Act;
(d) establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise made available to the public under the Kansas Open Records Act. In establishing such requirements for the content of the brochure, the Local Freedom of Information Officer shall include plainly written basic information about the rights of a requester, the responsibilities of the city, and the procedures for inspecting and obtaining a copy of public records under the Act.
(K.S.A. 45-226; Code 2015)