Article 6. Open
Records
(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.
(K.S.A. 45-215 et seq.; Code
1990)
(a) 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.
(b) The official custodian shall prominently
display or distribute or otherwise make available to the public a brochure in
the form prescribed by the Local Freedom of Information Officer that contains
basic information about the rights of a requester, the responsibilities of a
public agency, and the procedures for inspecting or obtaining a copy of public
records under the Kansas Open Records Act. The official custodian shall display
or distribute or otherwise make available to the public the brochure at one or more
places in the administrative offices of the city where it is available to
members of the public who request public information in person.
(Code 1990)
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 1990)
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.
(Code 1990)
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 recordkeeper 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.
(Code 1990)
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.
(Code 1990)
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) Fire Chief - All public records not on
file in the office of the city clerk and kept and maintained in the city fire
department.
(c) 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.
(Code 1990)
The city clerk is
hereby appointed as the local freedom of information officer and charged with
all of the duties as set forth in section 1-603.
(K.S.A. 45-226; Code 1990)
(a) Each of the official custodians appointed in section
1-607 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.
(Code 1990)
(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.
(Code 1990)
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 whenever the amount accumulated exceeds $25, but not less than
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.
(Code 1990)
(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.
(b) In all cases not covered by subsection (a), a
record inspection fee shall be charged at the rate of $5 per hour per employee
engaged in the record search. A minimum charge of $5 shall be charged for each
such request.
(Code 1990)
(a) A fee of $0.20 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.
(K.S.A. 45-219; Code 1990)
(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 $20.
(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.
(Code 1990)
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.
(Code 1990)