For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
“CITY.” The city government of this city.
“COMMERCIAL PURPOSE.” 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.” The official custodian or any authorized person having personal custody and control of public records. The “CUSTODIAN” having personal custody of most of the public records of this city is the City Clerk-Treasurer.
“OFFICIAL CUSTODIAN.” 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 Mayor.
“MECHANICAL PROCESSING.” 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.” 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.” A human being who makes a request for inspection of public records.
“PUBLIC AGENCY.”
(1) Every state or local government officer;
(2) Every state or local government department, division, bureau, board, commission, and authority;
(3) Every state or local legislative board, commission, committee, and officer;
(4) Every county and city governing body, council, school district board, special district board, and municipal corporation;
(5) Every state or local court or judicial agency;
(6) Every state or local 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;
(7) Any body created by state or local authority in any branch of government;
(8) Any body which derives at least 25% of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds;
(9) Any entity where the majority of its governing body is appointed by a public agency as defined in this definition; by a member or employee of the public agency; or by any combination thereof;
(10) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff, established, created, and controlled by a public agency as defined in this definition; and
(11) Any interagency body of two or more public agencies where each public agency is defined in this definition.
(KRS 61.870(1))
“PUBLIC RECORDS.” 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 § 34.12
.
“REASONABLE FEE” or “FEE.” 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.” A written application by any person to inspect public records of the city.
“RESIDENT OF THE COMMONWEALTH.”
(1) An individual residing in the Commonwealth;
(2) A domestic business entity with a location in the Commonwealth;
(3) A foreign business entity with a location in the Commonwealth;
(4) An individual that is employed and works at a location or locations within the Commonwealth;
(5) An individual or business entity that owns real property within the Commonwealth;
(6) Any individual or business entity that has been authorized to act on behalf of an individual or business entity defined in divisions (1) to (5) of this definition; or
(7) A news-gathering organization as defined in KRS 189.635(8)(b)(1). a. to e.
“SOFTWARE.” 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 files, 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.
(KRS 61.870(2))
(Am. Ord. 12-21-2, passed 12-21-21)