City of Mission, KS Article IV Open Records

Section 105.050 Policy.

A. It is declared to be the public policy of the City that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy. Nothing in this Article shall be construed to require the retention of a public record nor to authorize the discard of a public record.

B. All public records shall be open for inspection by any person, except as otherwise provided by this Article, and suitable facilities shall be made available by each public agency for this purpose. No person shall removal original copies of public records from the office of any public agency without the written permission of the custodian of the record.

C. Upon request in accordance with procedures adopted under K.S.A. 45-220, any person may inspect public records during the regular office hours of the public agency and during any additional hours established by the public agency pursuant to K.S.A. 45-220.

D. If the person to whom the request is directed is not the custodian of the public record requested, such person shall so notify the requester and shall furnish the name and location of the custodian of the public record, if known to or readily ascertainable by such person.

E. Each request for access to a public record shall be acted upon as soon as possible, but not later than the end of the third (3rd) business day following the date that the request is received. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. If the request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester not later than the end of the third (3rd) business day following the date that the request for the statement is received.

F. The custodian may refuse to provide access to a public record, or to permit inspection, if a request places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency. However, refusal under this Subsection must be sustained by preponderance of the evidence.

G. A public agency may charge and require advance payment of a fee for providing access to or furnishing copies of public records, subject to K.S.A. 45-219.

Section 105.060 Record Custodians.

[Code 1987; CC 2000 §1-802]

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.

Section 105.070 Procedures For Obtaining Access To or Copies of Records — Request — Office Hours — Provision of Information On Procedures.

A. Each public agency shall adopt procedures to be followed in requesting access to and obtaining copies of public records, which procedures shall provide full access to public records, protect public records from damage and disorganization, prevent excessive disruption of the agency's essential functions, provide assistance and information upon request and insure efficient and timely action in response to applications for inspection of public records.

B. A public agency may require a written request for inspection of public records but shall not otherwise require a request to be made in any particular form. Except as otherwise provided by Subsection (C), a public agency shall not require that a request contain more information than the requester's name and address and the information necessary to ascertain the records to which the requester desires access and the requester's right of access to the records. A public agency may require proof of identity of any person requesting access to a public record. No request shall be returned, delayed or denied because of any technicality unless it is impossible to determine the records to which the requester desires access.

C. If access to public records of an agency or the purpose for which the records may be used is limited pursuant to K.S.A. 21-3914 or 45-221, and amendments thereto, the agency may require a person requesting the records or information therein to provide written certification that:

1. The requester has a right of access to the records and the basis of that right; or

2. The requester does not intend to, and will not:

a. Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed; or

b. Sell, give or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed.

D. A public agency shall establish, for business days when it does not maintain regular office hours, reasonable hours when persons may inspect and obtain copies of the agency's records. The public agency may require that any person desiring to inspect or obtain copies of the agency's records during such hours so notify the agency, but such notice shall not be required to be in writing and shall not be required to be given more than twenty-four (24) hours prior to the hours established for inspection and obtaining copies.

E. Each official custodian of public records shall designate such persons as necessary to carry out the duties of custodian under this Article and shall ensure that a custodian is available during regular business hours of the public agency to carry out such duties.

F. Each public agency shall provide, upon request of any person, the following information:

1. The principal office of the agency, its regular office hours and any additional hours established by the agency pursuant to Subsection (C).

2. The title and address of the official custodian of the agency's records and of any other custodian who is ordinarily available to act on requests made at the location where the information is displayed.

3. The fees, if any, charged for access to or copies of the agency's records.

4. The procedures to be followed in requesting access to and obtaining copies of the agency's records, including procedures for giving notice of a desire to inspect or obtain copies of records during hours established by the agency pursuant to Subsection (C).

Section 105.080 Appointment of Official Custodians.

[Code 1987; CC 2000 §1-806; Ord. No. 1477, 3-21-2018]

A. 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:

1. 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.

2. 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.

3. 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.

4. Public Works. All public records not on file in the office of the City Clerk and kept and maintained in the Public Works' office.

5. 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.

Section 105.090 Designation of Additional Record Custodians.

[Code 1987; CC 2000 §1-807]

A. Each of the official custodians appointed in Section 105.080 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/she shall notify the City Clerk of such designation and the City Clerk shall maintain a register of all such designations.

Section 105.100 Duties of Custodians — Local Freedom of Information Officer.

[Code 1987; CC 2000 §1-808; Ord. No. 1029 §1-808, 2-27-2002]

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 or inspection of public records; and shall carry out the procedures adopted by this City for inspecting and copying open public records.

B. Appointment Of Local Freedom Of Information Officer. 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 105.070.

Section 105.110 Requests To Be Directed To Custodians.

[Code 1987; CC 2000 §1-809]

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. Each public agency shall provide, upon request of any person, the following information:

1. The principal office of the agency, its regular office hours and any additional hours established by the agency pursuant to Section 105.070(D).

2. The title and address of the official custodian of the agency's records and of any other custodian who is ordinarily available to act on requests made at the location where the information is displayed.

3. The fees, if any, charged for access to or copies of the agency's records.

4. The procedures to be followed in requesting access to and obtaining copies of the agency's records, including procedures for giving notice of a desire to inspect or obtain copies of records during hours established by the agency pursuant to Section 105.070(D).

Section 105.120 Fee Administration.

[Code 1987; CC 2000 §1-810; Ord. No. 1477, 3-21-2018]

Each custodian shall transmit all record fee deposits to the Finance Department not less than weekly. 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 Finance Department of the City.

Section 105.130 Inspection Fee.

[Code 1987; CC 2000 §1-811]

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) of this Section, a record inspection fee shall be charged at the rate established in the fee schedule set out in Chapter 103, Section 103.060. A minimum charge shall be charged for each such request.

Section 105.140 Copying Fee.

[Code 1987; CC 2000 §1-812]

A. A fee, as established in the fee schedule set out in Chapter 103, Section 103.060 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.

Section 105.150 Prepayment of Fees.

[Code 1987; CC 2000 §1-813]

A. A record custodian may demand prepayment of the fees established by this Article whenever he/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. Where prepayment has been demanded by the record custodian, no record shall be made available to the requester until such prepayment has been made.

Section 105.160 Payment.

[Code 1987; CC 2000 §1-814]

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.