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.
(A) Initial request with immediate inspection.
(1) As defined in § 2.36.010, and subject to the limitations set forth in § 2.36.030, any person desiring to inspect or copy the public records of a governmental unit of the city shall make a request and/or complete a 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.
(2) If the custodian determines that a person’s request is in compliance with the Open Records Law being KRS 61.870 through 61.884 and that the requested records are immediately available, the custodian shall deliver such records for inspection. 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.
(3) 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 § 2.36.010.
(B) Referral to proper custodian. If the Mayor or Clerk of the city does not have custody or control of the public record or records requested, the Mayor or Clerk shall so notify the applicant and shall furnish the name of location of the custodian of the public record, if such facts are known by the Mayor or Clerk.
(C) 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 record, 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.
(D) Refusal; when authorized; sustenance. 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 chapter must be sustained in writing by clear and convincing evidence and placed in the appropriate files.
(E) Time limitation; denial of inspection.
(1) The city, by the official custodian or his or her designee, upon any request for records made under this order, 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.
(2) A copy of the written response denying inspection of a public record shall be forwarded immediately by the city to the Attorney General of the commonwealth. Upon the Attorney General’s request, the agency of the city will provide additional documentation.
(3) 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 County Circuit Court. In addition, if the Attorney General disallows the request or if the city continues to withhold the record notwithstanding the Attorney General’s opinion, and the person seeking disclosure institutes proceedings in the County Circuit Court, the city shall notify the Attorney General of such action.
(F) Concealment or destruction of records; access to records.
(1) No official of the city shall wilfully conceal or destroy any record with the intent to violate the provision of the law or this order.
(2) 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 § 2.36.030.
(Ord. 1992-3, passed - -1992)