(A) (1) 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 written application, signed by the applicant with his or her name and contact information printed legibly on the application/request, describing the records to be inspected, at the office of the City Clerk-Treasurer during regular office hours, except during legal holidays or to be copied. Additionally, the applicant shall provide a statement, in the written application, of the manner which the applicant is a resident of the Commonwealth under KRS 61.870(10)(a) to (g) and § 34.01 herein. The application shall be hand delivered, mailed, sent via facsimile to the City Clerk Treasurer’s office, or sent via e-mail.
(a) If hand delivered or mailed to: City Clerk-Treasurer, City of Flemingsburg, 140 West Electric Avenue, Flemingsburg KY 41041;
(b) If via facsimile: City Clerk-Treasurer, 606-845-0712; or
(c) If via e-mail to: openrecordsrequest@flemingsburgky.org.
(2) A public agency shall not require the use of any particular form for the submission of an open records request, but shall accept for any request the standardized form developed under state law.
(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 available, the custodian shall make the records available for inspection within five (5) days (excepting Saturdays, Sundays, and legal holidays) of receipt of the request. Suitable facilities shall be made available in the office of the City Clerk-Treasurer during regular business hours of the city for the inspection. No resident of the Commonwealth shall remove original copies of public records from the offices of the city without the written permission of the official custodian of the record. The applicant shall have the right to make abstracts of the public records and to obtain copies of public records not exempted from this chapter, state law, or federal law. Payment of the prescribed fee in § 34.01 shall be required for all copies.
(KRS 61.872(1))
(C) An applicant may request copies of said public records in lieu of inspection. If requested, the custodian shall mail the copies upon receipt of all fees and the cost of mailing.
(KRS 61.872(3))
(D) 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 city 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. The city is not required to convert hard copy format records to electronic formats.
(E) The minimum standard format in paper form shall be defined as not less than eight and one-half (8½) inches × eleven (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 city 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 city. 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))
(F) 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 city of media, mechanical processing and staff required to produce a copy of the public record or records or the cost to the city of the creation purchase, or the acquisition of the public records.
(KRS 61.874 (4))
(G) 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 division (F) 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))
(H) Online access to public records in electronic form, as provided under this section, may be provided and made available at the discretion of the city. If a party wishes to access public records by electronic means and the city agrees to provide online access, the city 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 division (F).
(KRS 61.874(6))
(Am. Ord. 12-21-2, passed 12-21-21)