The procedures to be followed in requesting public records are as follows.
(A) All public records, except those excluded by § 35.04, shall be open for inspection to the following persons:
(1) Any person shall have access to the public records;
(2) 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 § 35.04.
(B) All public records, except those excluded by § 35.04, shall be open for inspection under the following conditions:
(1) Any person shall have the right to inspect public records during the regular office hours or by receiving copies of the public records through the mail. The city shall mail copies of the public records to a person whose residence or principal place of business is outside Boone County after he precisely describes the public records which are readily available within the city. If the person requesting the public records requests that copies of the records be mailed, the Official Custodian shall mail the copies upon receipt of all fees and the cost of mailing.
(2) No person shall remove original copies of public records from the offices without the written permission of the Official Custodian, nor shall any person damage or disorganize the records.
(3) The applicant shall submit a written application describing the records to be inspected.
(4) If the Official Custodian does not have custody or control of the public record requested, he or she shall notify the applicant and shall furnish the name and location of the custodian of the public record, if such facts are known to him or her.
(5) 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 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.
(6) If the application places an unreasonable burden in producing voluminous public records or if the Official Custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the city, the Official Custodian may refuse to permit inspection of the public records or to mail copies thereof. However, refusal under this section must be sustained by clear and convincing evidence.
(7) Upon inspection, the applicant shall have the right to make abstracts of the public records and memoranda thereof, and to obtain copies of all written public records. When copies are requested, the Official Custodian may require a written request and advance payment of the prescribed fee. If the applicant desires copies of public records other than written records, the Official Custodian shall permit the applicant to duplicate such records, however, the Official Custodian may ensure that such duplication will not damage or alter the records. Public records maintained by the city in an electronic format shall be made available for copying in accordance with the procedures outlined in KRS 61.874.
(KRS 61.874(1))
(8) The fee for the city to make copies of public records shall be $.10 per page which is the actual cost thereof not including the cost of staff required.
(9) The Official Custodian upon any request for records made under KRS 61.870 to 61.884, and these rules and regulations, shall determine within three days (excepting Saturdays, Sundays, and legal holidays) after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the three-day period, of the decision. A 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 city action.
(10) A person desiring to contest a denial of inspection of a public record may seek review of the denial by the Attorney General under the provisions of KRS 61.880 or file suit in the Boone Circuit Court under the provisions of KRS 61.882.
(11) No official of the city shall willfully conceal or destroy any record with the intent to violate provisions of state law and these rules and regulations.
(Ord. O-30-76, passed 6-8-76; Am. Ord. O-01-00,
passed 1-25-00)
Statutory reference:
Similar provisions, see KRS 61.874, 61.880 and 64.872