§ 2-354. Access and copying procedures.

(a)

Inspection and copying of open public records. The following procedures are adopted and shall be applied by each official custodian and record custodian:

(1)

Consistent with the policy, duties and procedures established by the state Open Records Act (K.S.A. 45-215 et seq.), all unified government 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 may adopt and apply additional open public record access and copy procedures consistent with the policies of the unified government and with the provisions of the Open Records Act.

(3)

Record custodians may adopt and apply procedures that 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 and to ensure that the essential functions of the custodian's office, department or agency are 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)

Persons requesting the inspection of or a copy of open public records may be required, by procedures adopted by the appropriate record custodian, to make such request in writing prior to the request being honored, except that no written request shall be required for requests made for records which have been reproduced for free public distribution.

(7)

All required 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)

The record custodian shall notify the record requester, prior to commencing search of the record or copies thereof, of the custodian's estimate of the fee that will be made for honoring the request whenever such estimate exceeds $10.00.

(9)

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

(10)

No record inspection or copying charge shall be assessed against officers or employees of the unified government who make requests that are reasonably necessary to the performance of their official duties.

(11)

Hours for making requests for inspection or copying shall be all regular working hours.

(12)

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 records that have been removed from the unified government or from any agency or instrumentality 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, be sentenced to three days in jail, or be both so fined and imprisoned.

(13)

The procedures given in this section, 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 of open public records. The following procedures are 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 required written requests must be completed by the party requesting the record. In all cases the party so requesting must be an individual person. Written request forms shall be available from each record custodian for use by the requester.

(3)

A written request shall be 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 may 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 may make every reasonable effort to determine the identity of those persons whose privacy interest may be so affected by disclosure. The record custodian may 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 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 unified government chief counsel.

(c)

Copies of open public records. The following procedures are 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 required written requests must be completed by the party requesting the copies. The party so requesting must be an individual. Written request forms shall be available from each record custodian for use by the requester.

(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 exceeds 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 unified government chief counsel.

(Code 1964, § 2-7; Code 1988, § 2-503; Ord. No. 64559, §§ 1—3, 12-15-1983)

State law reference

Procedure to obtain access to or copy records, K.S.A. 45-220.