(a) It is hereby declared to be that 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.
(Ord. 2010-2; Code 2012)
The city clerk is hereby appointed as official record custodian of city records for purposes of the Kansas Open Records Act and is hereby charged with responsibility for compliance with that Act with respect to all city records. The city clerk may appoint one or more employees as an authorized designee. Such designee shall have the duties and powers as set out in the Kansas Open Records Act and this article. The city clerk 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 public record.
(Ord. 2010-2; Code 2012)
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.
(Code 2012)
All city offices keeping and maintaining open public records shall establish office hours during which any person may make a request for an open public record. Such hours shall be no fewer than the regular working hours for each day the office maintains regular hours.
(Ord. 2010-2; Code 2012)
The city clerk 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.
(Ord. 2010-2; Code 2012)
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 the procedures established by the city clerk as authorized by the governing body. Such procedures shall be posted in the city clerk’s office.
(Ord. 2010-2; Code 2012)
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.
(Code 2012)
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 the city for inspection and copying open records.
(Ord. 2010-2; Code 2012)
(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 city clerk.
(b) Whenever any city officer or employee is presented with a written request for access to, or copy of, a public record which is not in his or her possession and for which he or she has not been given responsibility to keep and maintain, the officer or employee shall so advise the person requesting the record. Further, the person making the request shall be advised to direct the request to the city clerk.
(Ord. 2010-2; Code 2012)
The city clerk is hereby authorized to maintain in the clerk’s office sufficient cash to enable making of change for record fee purposes. The record fee moneys collected shall be paid to the city treasurer and become a portion of the general operating fund of the city. The custodian shall maintain duplicates of all copy request forms completed as to the computation of the amount of fee charged and collected and the amounts shall be periodically audited by authorized city personnel.
(Ord. 2010-2; Code 2012)
(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 actual cost per hour per employee engaged in the record search. However, a minimum fee of $8 may be charged for each such request.
(Ord. 2010-2; Code 2012)
(a) A fee of $.50 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 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 inspection and copying open public records.
(Ord. 2010-2; Code 2012)
(a) The city clerk 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 city clerk, such fees are estimated to exceed $10.
(c) Where prepayment has been demanded by the city clerk, no record shall be made available to the requester until such prepayment has been made.
(d) For copying any public records which cannot be reproduced by the city’s photocopying equipment, the requester may be charged the actual cost to the city, including staff time, in reproducing such records.
(e) All fees charged under this article which are not subject to the prepayment provisions shall be paid to the city clerk upon receipt of the documents requested.
(Ord. 2010-2; Code 2012)
All fees charged under this article shall be paid to the city clerk.
(Ord. 2010-2; Code 2012)