(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 1989)

(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 (1) 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 2000)

The City Clerk 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 City Clerk for each such day at which time any person may request access to an open public record.

(Code 1989)

The City Clerk 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 recordkeeper 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.

(Code 1989)

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 the City Clerk as authorized by the Governing Body. Such procedures shall be posted in each City Clerk’s office.

(Code 1989)

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.

(g)   City Manager ‑ All public records not on file in the office of the City Clerk and kept and maintained in the City Manager’s office.

(h)   City Planner ‑ All public records not on file in the office of the City and kept and maintained in the office of the planning department.

(i)    Community and Economic Development Director ‑ All public records not on file in the office of the City and kept and maintained in the office of community and economic development.

(j)    EMS Chief ‑ All public records not on file in the office of the City Clerk and kept and maintained in the City ambulance department.

(k)   Finance Director ‑ All public records not on file in the office of the City and kept and maintained in the finance office.

(l)    Project Manager ‑ All public records not on file in the office of the City and kept and maintained in the office of the project manager.

(m)  Public Works Director ‑ All public records not on file in the office of the City Clerk and kept and maintained in the public works department.

(n)   Senior Center Director ‑ All public records not on file in the office of the City and kept and maintained in the Senior Center.

(o)   Utility Superintendent ‑ Records to be maintained in the utility department.

(p)   Recreation Director ‑ All public records not on file in the office of the City Clerk and kept and maintained in the recreation director’s office.

(q)   City Engineer ‑ All public records not on file in the office of the City Clerk and kept and maintained by the City Engineer.

(Ord. 1337, Sec. 1; Code 1989; Code 2014)

(a)   Each of the official custodians appointed in Section 1‑706 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.

(Ord. 1337, Sec. 2; Code 1989)

All City offices 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.

(Ord. 1337, Sec. 3; Code 1989)

(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 City Clerk.

(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 City Clerk.

(Ord. 1337, Sec. 4; Code 1989)

(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 actual cost per hour per employee engaged in the record search.

(Ord. 1338, Sec. 2; Code 1989)

(a)   A fee as approved by the City Council 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.

(Ord. 1338, Sec. 3; Code 1989; Code 2014)

(a)   The City Clerk 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 City Clerk, such fees are estimated to exceed $10.

(c)   Where prepayment has been demanded by the City Clerk, no record shall be made available to the requester until such prepayment has been made.

(Ord. 1338, Sec. 4; Code 1989)

All fees charged under this Article shall be paid to the City Clerk.

(Code 1989)

(a)   The City Clerk is hereby appointed as the Local Freedom of Information Officer and charged with all of the statutory duties prescribed by K.S.A. 45‑226.

(b)   Duties. The Local Freedom of Information Officer or the officer’s designee shall:

(1)   Prepare and provide educational materials and information concerning the open records act;

(2)   Be available to assist the City and members of the general public to resolve disputes relating to the open records act;

(3)   Respond to inquiries relating to the open records act;

(4)   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 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 requestor, the responsibilities of a public agency and the procedures for inspecting and obtaining a copy of public records under the open records act.

(Ord. 1901, Sec. 1)