(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City Commission of Franklin, Kentucky.
COUNTY. The Fiscal Court of Simpson County.
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 is the City Clerk.
OFFICIAL CUSTODIAN. For Franklin, shall be the City Clerk of the City.
LOCAL PUBLIC AGENCY. Abbreviated as LPA.
PERSON. A human being who makes a bodily appearance before the office of the custodian and makes a request for inspection of public records.
PUBLIC CITY. Every city and city governing body, Commission, school district board, special district board, municipal corporation, court of judicial agency, and any board, department, commission, committee subcommittee, ad hoc committee, council or agency thereof.
PUBLIC RECORDS. All books, papers, maps, photographs, cards, tapes, discs, recordings or other documentary materials 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 that have been excluded by division (C) below.
REQUEST. An oral petition by any person; or at the option of the custodian, the completion of a written application that clearly states the specific public record or records that are desired for inspection and/or application.
REASONABLE FEE or FEE. The fair payment required by a public agency for making copies of public records, which shall not exceed the actual cost thereof and shall not include the cost of staff time required.
(B) The following procedures shall be followed by persons making a request to inspect public records and by the official custodian and/or custodians of those public records.
(1) Initial request with immediate inspection.
(a) As defined in division (A) above, and subject to the limitations set forth in division (C) below, any person desiring to inspect or copy the public records of a governmental unit shall make a request and complete written application for such records at the office of the official custodian during regular office hours, Monday through Friday of each week, except during legal holidays.
(b) 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.
(c) Suitable facilities shall be made available 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 the record.
(d) The applicant shall have the right to make abstracts of the public records and to obtain copies of all written public records. When written copies are requested, the custodian may require a written request and advance payment of the prescribed fee as defined in division (A) above.
(2) Referral to proper custodian. If the Clerk of the city does not have custody or control of the public record or records requested, the Secretary shall so notify the applicant and shall furnish the name and location of the custodian of the public record, if such facts are known by the Secretary.
(3) Public records not immediately available. If the public records are 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 (excepting Saturdays, Sundays and legal holidays) from receipt of the application, unless a detailed explanation of the cause is given for further delay as well as the place, time and earliest date on which the public record will be available for inspection and/or duplication.
(4) 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; however, refusal under this section must be sustained in writing by clear and convincing evidence and placed in the appropriate files.
(5) Time limitation; denial of inspection.
(a) The public city, upon any written request for records made under this Act, 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 its decision. Any 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 or her Authority; and it shall constitute final action of the agency of the city.
(b) 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 of the city may institute proceedings within 30 days for injunctive or declaratory relief in the circuit court. In addition, if the Attorney General disallows the request or if the public city continues to withhold the record notwithstanding the Attorney General’s opinion, and the person seeking disclosure institutes proceedings in circuit court, the public city shall notify the Attorney General of such action.
(6) Miscellaneous regulations.
(a) No official of the governmental body shall willfully conceal or destroy any record with the intent to violate the provisions of the Act or of these rules and regulations.
(b) Any person shall have access to any public record relating to him or her or in which he or she is mentioned by name and upon presentation of appropriate identification, subject to the provisions of division (C) below.
(C) The following public records are excluded from the application of the Act; and these rules and regulations shall be subject to inspection only upon order of a Court of competent jurisdiction:
(1) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy. Examples include acquisition, relocation and rehabilitation files on families disclosing income or other personal data;
(2) Records confidentially disclosed to an agency of the city and compiled and maintained for scientific research, the regulation of commercial enterprise, including mineral exploration records, un- patented 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 and which are generally recognized as confidential, or for the grant or review of a license to do business, and if openly disclosed would permit an unfair advantage to competitors of the subject’s enterprise. This exemption shall not, however, apply to records the disclosure or publication of which is directed by other statute;
(3) Any and all other exceptions permitted under any applicable federal, state or local law, regulation and/or ordinance; and
(4) To the extent that there is a conflict between any provision and any applicable law, the law shall govern and/or control whether or not this section is more or less restrictive.
(Ord. 9, passed 4-9-2001)