Article 5. Open Records
It is the purpose of this article to establish reasonable fees and charges for the provision of access to or copies of open public records in the possession of the City to a void the necessity of using general public funds of the City to subsidize special services and benefits to a record requester. The official record custodian shall periodically recommend to the Governing Body such changes in this article as may be necessary to secure this purpose.
(Ord. 155; Code 2018)
(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 $5.00 per hour per employee engaged in the record search. A minimum charge of $5.00 shall be charged for each such request.
(Ord. 155; Code 2018)
(a) A fee of 10 cents 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.
(Ord. 155; Code 2018)
(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 $1.00.
(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.
(Ord. 155; Code 2018)
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. All fees received shall be paid to the City Treasurer whenever the amount of fees collected totals $ 5.00, but not less than monthly.
(Ord. 155; Code 2018)
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.
(K.S.A. 45-226; Code 2018)