(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 (KORA).

(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 possession, custody and control of the appointed or designated records custodian thereof, or his or her designated representative.

(K.S.A. 45-215 et seq.; Ord. 334; Code 2018; Ord. 450)

The records 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 requests for access to any open public record.

(Ord. 334; Code 2018; Ord. 450)

The following city officers are hereby appointed as official custodians for purposes of KORA 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 other public records not provided elsewhere in this section.

(b)   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.

(Ord. 334; Code 2018; Ord. 450)

All city officers and employees appointed or designated as records 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; ensure 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 inspection and copying open public records.

(K.S.A. 45-226; Ord. 334; Code 2018; Ord. 450)

(a)   All members of the public, seeking access to, or copies of, a public record in accordance with the provisions of KORA, 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. Furthermore, 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.

(Ord. 334; Code 2018; Ord. 450)

The city clerk is hereby authorized to provide the clerk’s office, and the office of each records custodian, with sufficient cash to enable the making of change for record fee purposes. Each custodian shall transmit a copy of all requests for records forms completed as to the amount of fee charged and all record fee monies collected to the city clerk daily.

(Ord. 334; Code 2018; Ord. 450)

A record inspection fee shall be charged at the rate of $30.00 per hour/employee engaged in the record search to be charged at quarter-hour increments with a minimum charge of $15.00 to be charged for each such request.

(Ord. 334; Code 2018; Ord. 450)

(a)   A coping fee of $0.20 per page shall be charged for photocopying public records, such fee to cover the cost of materials and equipment.

(b)   Any requests 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)   A mail charge fee may be assessed in addition to the copy charge when mail service is requested. Actual post charge shall be charged to cover mailing charges. If air express delivery is requested, the requester must provide a prepaid envelope or account number for such delivery.

(d)   An email fee of $0.25 per page shall be charged for records to be scanned and emailed to the recipient.

(K.S.A. 45-219; Ord. 334; Code 2018; Ord. 450)

(a)   A records custodian shall demand prepayment of the fees established by this article. The prepayment amount shall be an estimate of the inspection and/or copying charges accrued in fulfilling the records 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)   No record shall be made available to the requester until such payment has been made.

(Ord. 334; Code 2018; Ord. 450)