(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.

(Code 1968, 1-901; 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 2002)

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 2002)

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 2002)

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 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 except when the requested records are not in that office and are available in another city office.

(Code 2002)

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 2002)

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)   City Treasurer - All public records not on file in the office of the city clerk and kept and maintained in the city treasurer’s office.

(c)   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.

(d)   Fire Chief - All public records not on file in the office of the city clerk and kept and maintained in the city fire department.

(e)   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.

(f)   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 2002)

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 2002)

(a)   Each of the official custodians appointed in section 1-606 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 2002)

(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 2002)

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 clerk whenever the amount accumulated exceeds $5.00 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 2002)

(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 of $15.00 per hour per employee engaged in the record search. A minimum charge of $5.00 shall be charged for each such request.

(Code 2002)

(a)   A fee of $.25 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.

(c)   The copy fee for an accident report shall be set by resolution.

(Code 2005)

(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 $25.00.

(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 2002)

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 2002)

(a)    Generally. The following procedures are hereby adopted and shall be applied by each official custodian and record custodian:

(1)   Consistent with the policy, duties and procedures established by the State of Kansas all city record custodians shall provide full access and assistance in a timely and efficient manner to persons who request access to open public records.

(2)   Record custodians shall adopt and apply open public record access and copy procedures consistent with the policies of the city and with the provisions of the open records act. Specifically, such procedures will inform members of the public of the procedures to be followed in making a request for inspection or a copy of an open public record, including the hours during which record inspection or copy requests may be made, who a request is to be made to, the forms to be completed in making a request, and the schedule of fees charged.

(3)   Record custodians shall adopt and apply procedures which will ensure the protection and preservation of public records with respect to the manner in which such records are inspected and copied.

(4)   Record custodians shall take necessary measures, not inconsistent with their duties, to provide full public access to open public records, to ensure that the essential functions of the custodian’s office, department or agency is not disrupted by requests for record inspection and copying.

(5)   All inspections and copying of open public records shall be performed by, or under the supervision of, the record custodian responsible for such records.

(6)   All persons requesting the inspection of or a copy of open public records shall make such request in writing prior to the request being honored, except that no form shall be required for requests made for records which have been reproduced for free public distribution.

(7)   All record inspection and copying forms are to be completed by the person requesting the record. The record custodian may demand reasonable identification of any person requesting a record.

(8)   Any fees for record inspection or for copies are due at the time the records, or copies thereof, are provided to the requested, unless the record custodian has demanded that prepayment of all or part of such fees be made. Fees are to be paid to the record custodian.

(9)   The record custodian shall notify the record requester, prior to commencing search of the record or copies thereof, of his or her estimate of the fee which will be made for honoring the request whenever such estimate exceeds $25.00.

(10) The record custodian shall demand full or partial prepayment of fees whenever his or her estimate for such fees exceeds $25.00. Prepayment may or may not be required of a requester who maintains an account in good standing with the city for purposes of payment of record fees.

(11) The record custodian shall determine and assess a charge covering mailing and handling costs accrued in responding to requests through the mail service.

(12) The record custodian may exercise his or her discretion to reduce or waive any inspection or copying fees when such is in the public interest.

(13) No record inspection or copying charge shall be assessed against officers or employees of the city who makes requests which are reasonably necessary to the performance of their official duties.

(14) Hours for making requests for inspection or copying shall be all regular working hours for each day the office maintains regular office hours. If an office keeping or maintaining public records does not have regular office hours Monday through Friday, the official custodian for such office shall establish hours for each such day when no regular office hours are kept, at which time members of the public may make requests for record inspector or copies of records.

(15) Removal of open public records from the office where kept and maintained for purposes of inspection and/or the making of copies shall be permitted only with the written permission of the record custodian. It shall be unlawful for any person to fail to return such records at the time and place where such return has been promised. Upon conviction for violation of this subsection a person may be fined up to $100.00 or sentenced to 10 days in the city jail, or be both so fined and imprisoned.

(16) The above procedures, as well as any other inspection and copying procedures shall be posted in a conspicuous place in the office of the record custodian.

(b)   Inspection. The following procedures are hereby adopted and shall be applied by every official custodian and record custodian:

(1)   Record custodians shall handle all inspection requests in accordance with their duties to protect and preserve public records and to assist persons requesting inspection of open public records.

(2)   All request forms must be completed by the party requesting the record. In all cases the party so requesting must be an individual person or persons. Written requests shall be made on the form provided by the record custodian and presented to the record custodian.

(3)   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.

(4)   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 may be inspected. During that 72 hour 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 whose privacy interest may be so affected by disclosure. The record custodian shall attempt to contact such persons and ascertain whether they or any of them will seek a court order challenging disclosure. If so, the record custodian shall deny inspection pending the outcome of litigation or an intervening court order.

(5)   No inspection fee shall be charged the requester if the actual cost of locating the records pursuant to one request is less than $1.00 or, in the case of multiple requests brought by the same person or on behalf of the same person, where the actual cost of locating the records pursuant to requests made over a 24 hour period is less than $1.00.

(6)   No inspection fee will be assessed when a denial of a request is made. The record custodian shall, upon making a denial of an inspection request, forward a copy of the denial to the city attorney.

(c)   Copying. The following procedures are hereby adopted and shall be applied by each official custodian and record custodian:

(1)   Record custodians shall handle all copy requests in accordance with their duties to protect and preserve public records and to assist persons requesting copies of open public records.

(2)   All request forms must be completed by the party requesting the copies. In all cases the party so requesting must be an individual person or persons. Written requests shall be made on the form provided by the record custodian.

(3)   Mechanical reproduction of a record shall not be undertaken when it is the judgment of the record custodian that any available means of mechanically reproducing the subject record is likely to cause damage to such record.

(4)   No copy fee shall be assessed when multiple copies of the record requested have been prepared for free public distribution, or when the record custodian determines that the cost of charging and handling the fee extends the cost of providing a copy without charge.

(5)   No copying fee will be assessed when a denial of a request is made. The record custodian shall, upon making a denial of a copying request, forward a copy of the denial to the city attorney.

(Code 1968, 1-903)