84-8996 Administrationi vv�vs�Ct[ — yb
(Published in The Salina Journal, 1984)
AN ORDINANCE PROVIDING FOR THE MAINTENANCE, PRESERVATION
AND PROTECTION OF PUBLIC RECORDS, AND ESTABLISHING PROCEDURES FOR
ACCESSING AND COPYING OPEN PUBLIC RECORDS; ENACTING ARTICLE VIII O
CHAPTER 2 OF THE SALINA CODE.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter Two (2) of the Salina Code is hereby amended
by adding the following article, to -wit:
"CHAPTER 2
ARTICLE VIII
"Section 2-170. Procedures regarding both inspection
and copying of open public recor s.
The following procedures are hereby adopted and shall be
applied by each official custodian and record custodian.
(a) Consistent with the policy, duties and procedures established
by the State of Kansas in K.S.A. 1983 Supp. 45-205:214 (L. 1983,
Ch. 171) 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.
(b) The City Manager shall be responsible for the administration
and implementation of the city's open public records program.
The City Manager shall appoint record custodians in the various
departments as necessary. The City Manager shall be authorized
to develop administrative procedures to implement this ordinance
within the intent and spirit of this ordinance. The term "record
custodians" as used in this article shall include the City
Manager and any other record custodians. 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.
(c) 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.
(d) 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.
(e) All inspection and copying of open public records shall be
performed by, or under the supervision of, the record custodian
responsible for such records.
(f) 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.
(g) 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.
(h) Any fees for record inspection or for copies 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 record custodian.
(1) 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 $10.00.
(j) The record custodian may demand full or partial prepayment of
fees whenever his or her estimate for such fees exceeds $10.00.
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.
(k) The record custodian shall determine and assess a charge
covering mailing and handling costs accrued in responding to
requests through the mail service.
(1) 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.
(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) Hours for making requests for inspection or copying shall be
the regular working hours maintained by that department;
provided, however, that the regular hours shall not be
greater than 8:00 a.m, to 5:00 p.m. Monday through Friday.
This shall include all city departments.
(o) 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 shall be subject to penalties
provided for in Salina Code Section 1-10.
(p) The above procedures, as well as any other inspection and
copying procedures shall be posted in a conspicious place in
the office of the record custodian.
"Section 2-171. Procedures regarding inspection of
open public records.
The following procedures are hereby adopted and shall be applied
by every official custodian and record custodian:
(a) 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.
(b) 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.
"Section 2-172. Procedures regarding copies of open public records.
The following procedures are hereby adopted and shall be
applied by each official custodian and record custodian:
(a) 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.
(b) 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.
(c) 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 records.
(d) No copy fee shall be assessed when multiple copies of the
record requested have been prepared for free public disctibution,
or when the record custodian determines that the cost of charging
and handling the fee exceeds the cost of providing a copy without
charge.
(e) 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
Manager and the City Attorney."
Section 2. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: January 9, 1984
Passed: January 16, 1984
(SEAL)
ATTEST:
o n urgess,ayor
arrison,City Clerk
(c) 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) It shall be the policy of the city to promptly reply to requests
for public records and in no case shall any request be answered
later than the end of the third business day following the date
that the request is received. Business days shall be Monday
through Friday, inclusive, except for city holidays.
(e) 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
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.
(f) Inspection fee shall be established by resolution adopted by
the Board of Commissioners.
"Section 2-172. Procedures regarding copies of open public records.
The following procedures are hereby adopted and shall be
applied by each official custodian and record custodian:
(a) 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.
(b) 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.
(c) 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 records.
(d) No copy fee shall be assessed when multiple copies of the
record requested have been prepared for free public disctibution,
or when the record custodian determines that the cost of charging
and handling the fee exceeds the cost of providing a copy without
charge.
(e) 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
Manager and the City Attorney."
Section 2. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: January 9, 1984
Passed: January 16, 1984
(SEAL)
ATTEST:
o n urgess,ayor
arrison,City Clerk