The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Public record- means any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency, and shall not include records which are exempt by law or are owned by a private person or entity and are not related to functions, activities, programs or operations made, maintained or kept by an individual who is a member of the Board of Commissioners.
(Code 1982; K.S.A. 45-217(f) (2); K.S.A. 46-215 et seq.; K.S.A. 75-3501; see also 1-102)
The following City officers are hereby appointed as official custodians of public records of the City:
A. City Manager: All public records kept in the City Manager’s Office and all other public records kept in any Department of the City, except records kept and maintained in the City Clerk’s Office.
B. 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 article.
Each of the official custodians appointed in Section 2-1102 is hereby authorized to designate any subordinate officers or employees to serve as record custodian. 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.
All City officers and employees appointed or designated under this article shall:
A. Protect public records from damage and disorganization.
B. Prevent excessive disruption of essential functions of the City.
C. Provide assistance and information upon request.
D. Ensure efficient and timely action and respond to all applications for inspection of public records.
E. Carry out the procedures adopted by the City for inspecting and copying public records.
All members of the public, in seeking access to, or copies of, a public record shall address their requests to the custodian charged with responsibility for the maintenance of the record sought to be inspected or copied in accordance with the administrative policy for making a request. Whenever 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 possession and for which s/he 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 1982; K.S.A. 45-220)
The following procedures are hereby adopted and shall be applied by each official custodian and record custodian:
A. Record custodians shall adopt and apply uniform public record access and copy procedures which will ensure the protection and preservation of public records with respect to the manner in which such records are inspected and copied and which are consistent with the policies of the City and with law. Specifically, such procedures will inform members of the public of:
1. The procedures to be followed in making a request for inspection or for a copy of a public record, including the hours during which record inspection or copy requests may be made.
2. To whom a request is to be made.
3. The forms to be completed in making a request.
4. The schedule of fees charged.
B. Record custodians shall take action necessary to provide assistance and full access to public records to persons who request access to a public record in a timely and efficient manner; and shall take action(s) necessary to ensure that the essential functions of the custodian’s office, department or agency are not disrupted by requests for record inspection and copying.
C. The party requesting access to or a copy of a public record must be an individual person. The person requesting the inspection of or a copy of a public record shall make such request in writing on the form provided prior to the request being honored. A written request is sufficient if it reasonably describes the record sought. In instances where the requester cannot provide sufficient information to identify a record, the custodian shall assist in making such identification.
D. All inspections and copying of public records shall be performed by, or under the supervision of, the record custodian, or his or her designee, who is responsible for such records.
E. Mechanical reproduction of a record shall not be undertaken when, in the judgment of the record custodian, available means of mechanically reproducing the subject record is likely to cause damage to such record.
F. No records shall be removed from the office where kept and maintained.
G. In cases where a request for a specific record gives the record 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 record custodian shall inform the requester that a 72-hour waiting period must run before such record can be inspected. During that 72-hour waiting period, the record custodian shall make every reasonable effort to determine the identity of those persons whose privacy interest may be so affected by disclosure. The record custodian shall attempt to contact such persons and ascertain whether or not they or any of them, would seek a court order challenging disclosure. If so, the record custodian shall deny inspection pending the outcome of litigation or an intervening court order.
H. Fees to defray costs of providing access to and copying of requested public records shall be determined by resolution.
I. The record custodian shall notify the record requester, prior to commencing search of the record or copying thereof, of his estimate of the fee which will be required for honoring the request.
J. Fees for record inspection or for copying are due at the time the records or copies thereof are provided to the requester, unless the record custodian has demanded that prepayment of all or part of such fees be made. Fees are to be paid to the City.
K. The record custodian may require full or partial prepayment of fees. Prepayment may or may not be required of a requester who maintains an account in good standing with the City for purposes of payment for record fees.
L. The record custodian may exercise his discretion to reduce or waive any inspection or copying fees when such is in the public interest.
M. 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.
N. Records which have been reproduced for free public distribution shall not be subject to a fee or requirement that the requester complete a written request form.
O. No inspection or copy fee will be assessed when a denial of a request is made. The record custodian shall maintain a record of all instances where a request is denied.
P. The procedures outlined in this Section, as well as any other inspection and copying procedures, shall be made available in the office of each record custodian.
(Code 1982; K.S.A. 45-220; K.S.A. 45-221; K.S.A. 45-219(c))
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)
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 2-1107.
(K.S.A. 45-226; Code 2015)