(A) As defined in § 31B.01
, and subject to the limitations set forth in § 31B.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 inspection, at the office of the City Clerk 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 in which the applicant is a resident of the Commonwealth under KRS 61.870(10)(a) to (f) and § 31B.01
herein. The application shall be hand delivered, mailed, sent via facsimile, or sent via e-mail to:
(1) If via mail or hand delivery: City Clerk, City of Morehead, 314 Bridge Street, Morehead, KY 40351;
(2) If via facsimile: City Clerk, 606-784-2216; or
(3) If via e-mail: City Clerk or City Attorney.
(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 during regular business hours of the city for the inspection. No person 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 under this chapter, the Kentucky Revised Statutes, or federal law. Payment of the prescribed fee in § 31B.01
shall be required for all copies.
(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.
(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 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.
(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 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.
(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 subsection (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.
(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 public agency 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 subsection (F).
(Am. Ord. 15:2021, passed 8-9-21)
Statutory reference:
For similar provisions under state law, see KRS 61.872(1) through (3), 61.874(1) through (6)