Loading...
ARTICLE VI. PUBLIC RECORDS*
*State law reference--Open records, KRS 61.870 et seq.
The following terms, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates or requires a different meaning:
City shall mean the city government of this city.
Commercial Purpose shall mean the direct or indirect use of any public record or records, in any form, for sale, resale, solicitation, rent, or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee. Commercial Purpose shall not include publication or related use of a public record by a newspaper or periodical; use of a public record by a radio or television station in its news or other informational programs; or use of a public record in the preparation for prosecution or defense of litigation, or claims settlement by the parties to such action, or the attorneys representing the parties.
Custodian shall mean the official custodian or any authorized person having personal custody and control of public records.
Official Custodian shall mean the chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care, and keeping of public records, regardless of whether the records are in his actual personal custody and control. The Official Custodian of this city shall be the City Manager whose mailing address is Municipal Building, P.O. Box 670, Danville, KY 40422.
Mechanical Processing shall mean any operation or other procedure which is transacted on a machine, and which may include, but is not limited to a copier, computer, recorder or tape processor, or other automated device.
Media shall mean the physical material in or on which records may be stored or represented, and which may include, but is not limited to paper, microform, disks, diskettes, optical disks, magnetic tapes, and cards.
Person shall mean a human being who makes a request for inspection of public records.
Public Agency shall mean every city government board, commission, and authority; every city council and council board, commission and committee; every school district board, special district board, and municipal corporation; every city government agency, including the policy-making board of an institution of education created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act; any body created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act in the legislative or executive branch of government; any entity when the majority of its governing body is appointed by a "public agency", as defined by this section; a member or employee of a "public agency", a state or local officer, or any combination thereof; any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council or agency, except for a committee of a hospital medical staff or a committee formed for the purpose of evaluating the qualifications of public agency employees, established, created, or controlled by a "public agency" as defined in this section; an interagency body of two (2) or more public agencies where each "public agency" is defined in this section.
Public Records shall mean all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of, or retained by a public agency. Public Records shall not include any records owned or maintained by or for a body referred to in subsection (1)(h) of KRS 61.870 that are not related to functions, activities, programs, or operations funded by state or local authority nor any records that may be excluded by Section 2-203.
Reasonable Fee or Fee shall mean the fair payment required by a public agency for making copies of non exempt public records requested for noncommercial purposes which shall not exceed the actual cost of reproduction, including the costs of the media and any mechanical processing cost incurred by the public agency, but not including the cost of staff. If a public agency is asked to produce a record in a nonstandardized format, or to tailor the format to meet the request of an individual or a group, the public agency may at its discretion provide the requested format and recover staff costs as well as any actual costs incurred.
Request shall mean an oral or written application by any person to inspect public records of the city.
Software shall mean the program code which makes a computer system function, but does not include that portion of the program code which contains public records exempted from inspection as provided by KRS 61.878 or specific addresses of file, passwords, access codes, user identifications, or any other mechanism for controlling the security or restricting access to public records in the public agency's computer system. Software consists of the operating system, application programs, procedures, routines, and subroutines such as translators and utility programs, but does not include that material which is prohibited from disclosure or copying by a license agreement between a public agency and an outside entity which supplied the material to the agency.
(Code 1977, § 8.010)
Cross reference--Definitions and rules of construction generally, § 1-2.
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) Commercial purpose requests. 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) Commercial purpose, 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) Electronic access. 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 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 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) Refusal of unreasonable requests. 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) Time limitation/denial of inspection. 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)
(a) The following public records are excluded from the application of this article, and shall be subject to inspection only upon order of a court of competent jurisdiction, except that no court shall authorize the inspection by any party of any materials pertaining to civil litigation beyond that which is provided by the Rules of Civil Procedure governing pre-trial discovery.
(1) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy;
(2) (a) Upon and after July 15,1992, Records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if opened would permit an unfair commercial advantage to competitors of the entity that disclosed the records.
(b) Upon and after July 15, 1992, records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which are compiled and maintained (i) in conjunction with an application or the administration of a loan or grant; (ii) in conjunction with an application for or the administration of assessments, incentives, inducements, and tax credits as described in KRS Chapter 154; (iii) in conjunction with the regulation of commercial enterprise, including mineral exploration records, unpatented, secret commercially valuable plans, appliances, formulae, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person; or (iv) for the grant or review of a license to do business. These exemptions shall not, however, apply to records the disclosure or publication of which is directed by other statutes.
(3) Public records pertaining to a prospective location of a business or industry where no previous public disclosure has been made of the business' or industry's interest in locating in, relocating within or expanding within the state. Provided, however, that this exemption shall not include those records pertaining to applications to agencies for permits or licenses necessary to do business or to expand business operations within the state, except as provided in paragraph (2) above;
(4) The contents of real estate appraisals, engineering or feasibility estimates and evaluations made by or for a public agency relative to acquisition of property, until such time as all of the property has been acquired; provided, however, the law of eminent domain shall not be affected by this subsection;
(5) Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examination before the exam is given or if it is to be given again;
(6) Records of law enforcement agencies or agencies involved in administrative adjudication that were complied in the process of detecting and investigating statutory or regulatory violations if the disclosure of the information would harm the agency by revealing the identity of informants not otherwise known or by premature release of information to be used in a prospective law enforcement action or administrative adjudication. Unless exempted by other provisions of this article, public records exempted under this section shall be open after enforcement action is completed or a decision is made to take no action. Provided, however, that the exemptions provided by this subsection shall not be used by the custodian of the records to delay or impede the exercise of rights granted by this article;
(7) Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency;
(8) Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended;
(9) All public records or information the disclosure of which is prohibited by federal law or regulation;
(10) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the general assembly.
(b) No exemption under subsection (a) shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. In addition, if any public record contains material which is not excepted under subsection (a), the city shall separate the excepted and make the nonexcepted material available for examination, subject to the possible applicability of section 2-202(4).
(c) The provisions of this section shall in no way prohibit or limit the exchange of public records or the sharing of information between public agencies when the exchange is serving a legitimate governmental need or is necessary in the performance of a legitimate government function.
(d) No exemption under this section shall be construed to deny, abridge, or impede the right of a municipal employee, an applicant for employment, or an eligible on a register to inspect and copy any record, including preliminary and other supporting documentation, that relates to him. The records shall include but not be limited to work plans, job performance, demotions, evaluations, promotions compensation, classification, reallocation, transfers layoffs, disciplinary actions, examination scores, and preliminary and other supporting documentation. A city employee, applicant, or an eligible on a register shall not have the right to inspect or copy any examination or any documents relating to ongoing criminal or administrative investigations by an agency.
(Code 1977, § 8.030)
§§ 2-204 2-209. Reserved.
________________________________________
I. Applicant Information: Name
Address Phone
Date of Request
II. Specific Public Record(s) Requested
(Continue on back if necessary) |
III. The above records are available for immediate inspection and may be reviewed at ____________________________ on ________________ at ______________ a.m.
(place) (date) (time) p.m.
IV. The above records are not available at this time, but may be inspected at ____________________________ on ________________ at ______________ a.m.
(place) (date) (time) p.m.
The delay is due to: ( ) Active Use of Requested Records; ( ) Records are in Storage, and must be located; ( ) Records are not otherwise available; ( ) Other_________________________.
V. This request for inspection is denied due to the following reason(s):
( ) The records requested are exempted by law from mandatory disclosure;
( ) The request places and unreasonable burden on the custodian in producing voluminous public
records;
( ) Other reasons (Specify) ________________________________________
VI. I have received the above requested records and understand that I may make abstracts or have copies made, but may not remove these public records from this room.
(Signature of applicant)
VII. Please copy the following at a fee of per page:
Public record(s):
Number of copies of each page: ;
Pages to be copied are as follows:
Total Amount Paid $
( ) Custodian
( ) Official Custodian
(Signature)
________________________________________
ARTICLE VII. PUBLIC MEETINGS*
*State law reference--Open meetings, KRS 61.800 to 61.850
For the purpose of this article the following words and phrases shall have the following meanings ascribed to them respectively.
Action taken shall mean collective decision, a commitment or promise to make a positive or negative decision, or an actual vote by a majority of the members of the governmental body.
Meeting shall mean all gatherings of every kind, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction with a regular or special meeting.
Member shall mean a member of the governing body of a public agency. "Member" does not include employees or licensees of the agency.
Public agency shall mean every city government board, commission, and authority; every city council and council board, commission and committee; every school district board, special district board, and municipal corporation; every city government agency, including the policy-making board of an institution of education created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act; any body created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act in the legislative or executive branch of government; any entity when the majority of its governing body is appointed by a "public agency" as defined by this article; a member or employee of a "public agency," a state or local officer, or any combination thereof; any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council or agency, except for a committee of a hospital medical staff or a committee formed for the purpose of evaluating the qualifications of public agency employees, established, created, or controlled by a "public agency" as defined in this article; an interagency body of two (2) or more public agencies where each "public agency" is defined in this article.
Video Teleconference shall mean one (1) meeting, occurring in two (2) or more locations, where individuals can see and hear each other by means of video and audio equipment. (KRS 61.805(5))
Loading...