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.
[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.
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.
[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.
[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.
[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.
[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).
[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.
[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.
[Code 1987; CC 2000 §1-812]
[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.
[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.