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PROCEDURES FOR REQUESTING PUBLIC RECORDS
§ 34.05 INITIAL REQUEST WITH IMMEDIATE INSPECTION.
   (A)   As defined in § 34.01, and subject to the limitations set forth in § 34.12, any person desiring to inspect or copy the public records of the city shall make a request or complete a written application for such records at the office of the City Clerk/Treasurer during regular office hours, except during legal holidays. The written application shall be hand delivered, mailed, sent via facsimile, or e-mailed to the City Clerk/Treasurer’s office. (KRS 61.872 (2))
   (B) If the custodian determines that a person’s request is in compliance with the open records law and the requested records are immediately available, the custodian shall deliver the records for inspection. Suitable facilities shall be made available in the office of the City Clerk/Treasurer for the inspection. No resident of the Commonwealth shall remove original copies of public records from the offices of any public agency without the written permission of the official custodian of the record. (KRS 61.872(1)).
   (C) A resident of the Commonwealth may inspect public records during the regular business hours of the city, or by receiving copies of the public records from the city through the mail if the applicant’s residence or principal place of business is outside of the county in which the city is located and he has precisely described public records which are available within the city. If the resident of the Commonwealth requesting the public records requests that the records be mailed, the official custodian shall mail the copies upon receipt of all fees and the cost of mailing. (KRS 61.872(3)).
   (D)   The applicant shall have the right to make abstracts of the
public records and to obtain copies of all public records not exempted by this chapter. When copies are requested, the custodian may require a written request and advance payment of the prescribed fee as defined in § 34.01. (KRS 61.874(1))
   (E)   Nonexempt public records used for noncommercial purposes shall be available for copying in either standard electronic or standard hard copy format, as designated by the party requesting the records, where the agency currently maintains the records in electronic format.
   Nonexempt public records used for noncommercial purposes shall be copied in standard hard copy format where agencies currently maintain records in hard copy format. Agencies are not required to convert hard copy format records to electronic formats.
   (F)   The minimum standard format in paper form shall be defined as not less than 8½ inches x 11 inches in at least one (1) color on white paper, or for electronic format, in a flat file electronic American Standard Code for Information Interchange (ASCII) format. If the public agency maintains electronic public records in a format other than ASCII, and this format conforms to the requestor’s requirements, the public records may be provided in this alternate electronic format for standard fees as specified by the public agency. Any request for a public record in a form other than the forms described in this section shall be considered a nonstandardized request.
(KRS 61.874(1))
   (G)   Unless an enactment of the General Assembly prohibits the disclosure of public records to persons who intend to use them for commercial purposes, if copies of nonexempt public records are requested for commercial purposes, the public agency may establish a reasonable fee. The public agency from which copies of nonexempt public records are requested for a commercial purpose may require a certified statement from the requestor stating the commercial purpose for which they shall be used, and may require the requestor to enter into a contract with the agency. The contract shall permit use of the public records for the stated commercial purpose for a specified fee. The fee may be based on the cost to the public agency of media, mechanical processing and staff required to produce a copy of the public record or records or the cost to the public agency of the creation purchase, or the acquisition of the public records.
(KRS 61.874 (4))
   (H)   It shall be unlawful for a person to obtain a copy of any part of a public record for a:
      (1)   Commercial purpose, without stating the commercial purpose, if a certified statement from the requestor was required by the public agency pursuant to subsection (G) of this section: or
      (2)   Commercial purpose, if the person uses or knowingly allows the use of the public record for a different commercial purpose; or
      (3)   Noncommercial purpose, if the person uses or knowingly allows the use of the public record for a commercial purpose. A newspaper, periodical, radio or television station shall not be held to have used or knowingly allowed the use of the public record for a commercial purpose merely because of its publication or broadcast, unless it has also given its express permission for that commercial use.
(KRS 61.874 (5))
   (I)   Online access to public records in electronic form, as provided under this section, may be provided and made available at the discretion of the public agency. If a party wishes to access public records by electronic means and the public agency agrees to provide online access, a public agency may require that the party enter into a contract, license, or other agreement with the agency, and may charge fees for these agreements. Fees shall not exceed:
      (1)   The cost of physical connection to the system and reasonable cost of computer time access charges;
      (2)   If the records are requested for a commercial purpose, a reasonable fee based on the factors set forth in subsection (G).
(KRS 61.874(6))
§ 34.06 REFERRAL TO PROPER CUSTODIAN.
   If the City Clerk/Treasurer does not have custody or control of the public record or records requested, the City Clerk/Treasurer shall so notify the applicant and shall furnish the name and location of the custodian of the public record.
(KRS 61.872(4))
§ 34.07 PUBLIC RECORDS NOT IMMEDIATELY AVAILABLE.
   If the public record is in active use, in storage, or not otherwise available, the official custodian shall immediately so notify the applicant and shall designate a place, time, and date for inspection of the public records, not to exceed five days from receipt of the application, unless a detailed explanation of the cause is given for further delay and the place, time, and earliest date on which the public record will be available for inspection.
(KRS 61.872(5))
§ 34.08 REFUSAL OF UNREASONABLE REQUESTS.
   If the application places an unreasonable burden in producing public records, or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records or mail copies of public records. However, refusal under this section must be sustained by clear and convincing evidence. (KRS 61.872(6))
§ 34.09 TIME LIMITATION; DENIAL OF INSPECTION.
   (A)   The official custodian, upon any request for records made under this chapter, shall determine within five (5) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any request whether to comply with the request and shall notify in writing the person making the request within the five-day period of its decision. Any agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under the official custodian’s authority and shall constitute final agency action.
(KRS 61.880)
   (B)   If the requesting party wants the Attorney General to review the denial of a request for inspection of a public record, he shall proceed under the provisions of KRS 61.880 and 61.882. Upon the Attorney General’s request, the agency will provide additional documentation.
   (C)   If upon request by the person seeking inspection, the Attorney General reviews the denial and issues a written opinion upholding, in whole or in part, the request for inspection, the requesting party may institute appeal proceedings within thirty (30) days for injunctive or declaratory relief in the circuit court. In addition, if the Attorney General disallows the request, or if the city continues to withhold the record notwithstanding the Attorney General’s opinion, and the person seeking disclosure institutes proceedings in circuit court, the city shall notify the Attorney General of such action. (KRS 61.880, 61.882)
§ 34.10 CONCEALING OR DESTROYING RECORDS PROHIBITED.
   No official or employee of the city shall willfully conceal or destroy any record with the intent to violate the provisions of this chapter or these rules and regulations.
§ 34.11 ACCESS TO RECORDS RELATING TO PARTICULAR INDIVIDUAL.
   Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of this chapter. (KRS 61.884)
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