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The following procedures shall be followed by both persons making a request to inspect public records of this city and by the official custodian of those public records:
(1) Initial request with immediate inspection. As defined in section 2-201 and subject to the limitations set forth in section 2-203, any person desiring to inspect or copy the public records of this city shall make a request or complete a written application for such records at the office of the city clerk during regular office hours, from 9:00 a.m. to 12:00 noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday of each week except during legal holidays. A copy of the application is printed at the end of this article. The application shall be hand delivered, mailed, or sent via facsimile to the city clerk's office. If the custodian determines that a person's request is in compliance with the open records law and that the requested records are immediately available, the custodian shall deliver such records for inspection. Suitable facilities shall be made available in the office of the city clerk for the inspection and no person shall remove original copies of public records from the offices of any public agency without the written permission of the official custodian of record. The applicant 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 principle place of business is outside of Boyle County and he has precisely described public records which are available within the city. The applicant shall have the right to make abstracts of the public records, and to obtain copies of all written public records. When copies are requested, the custodian may require a written request and advance payment of the prescribed fee as defined in section 2-201.
(2) Referral to proper custodian. If the city clerk does not have custody or control of the public record requested, the city clerk shall furnish the name and location of the custodian of the public record, if such facts are known to him.
(3) Non-Commercial purpose. 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.
(4) Format. The minimum standard format in paper form shall be defined as not less than 8 1/2 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.
(5) Commercialpurposerequests. 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.
(6) Commercialpurpose,unlawful. It shall be unlawful for a person to obtain a copy of any part of a public record for a:
(a) Commercial purpose, without stating the commercial purpose, if a certified statement from the requestor was required by the public agency pursuant to subsection (5) of this section: or
(b) Commercial purpose, if the person uses or knowingly allows the use of the public record for a different commercial purpose; or
(c) 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.
(7) Electronicaccess. 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:
(a) The cost of physical connection to the system and reasonable cost of computer time access charges;
(b) If the records are requested for a commercial purpose, a reasonable fee based on the factors set forth in subsection (5).
(8) Public recordsnotimmediately 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 three (3) days, excepting Saturdays, Sundays, and legal holidays, 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 or duplication.
(9) Refusalofunreasonablerequests. If the application places an unreasonable burden in producing voluminous 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 thereof. However, refusal under this section must be sustained by clear and convincing evidence.
(10) Timelimitation/denialofinspection. This city, upon any request for records made under this article, shall determine within three (3) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any such requests whether to comply with the request and shall notify in writing the person making the request, within the three-day period, of its decision. An 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 his authority, and it shall constitute final agency action. 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 KRS 61.882. Upon the Attorney General's request, the agency will provide additional documentation. 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 agency may institute 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.
(11) Concealing or destroying records. No official of the city shall willfully conceal or destroy any record with the intent to violate the provisions of this article.
(12) Access to public records. 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 section 2-203.
(Code 1977, § 8.020)