For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The city government of this city.
COMMERCIAL PURPOSE. The direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent or lease of a service, or any use by which the user expects a profit either through commission, salary or fee. COMMERCIAL PURPOSE shall not include:
(1) Publication or related use of a public record by a newspaper or periodical;
(2) Use of a public record by a radio or television station in its news or other informational programs; or
(3) Use of a public record in the preparation for prosecution or defense of litigation, or claims settlement by the parties to such action, or the attorneys representing the parties.
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 of this city is the City Clerk-Treasurer.
MECHANICAL PROCESSING. Any operation or other procedure which is transacted on a machine, and which may include, but is not limited to a copier, computer, recorder or tape processor or other automated device.
MEDIA. The physical material in or on which records may be stored or represented, and which may include, but is not limited to paper, microform, disks, diskettes, optical disks, magnetic tapes and cards.
OFFICIAL CUSTODIAN. The chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care and keeping of public records, regardless of whether such records are in his or her actual personal custody and control. The OFFICIAL CUSTODIAN of the city shall be the Mayor.
PERSON. A human being who makes a request for inspection of public records.
PRESCRIBED FEE or FEE. The fair payment required by the city for making copies of public records and for mailing public records, which shall not exceed the actual cost thereof and shall not include the cost of required staff time.
PUBLIC AGENCY. Every city governmental board, commission and authority; every city council and council board, commission and committee; every school district board, special district board and municipal corporation; every city governmental agency, including the policymaking board of an institution of education created by or pursuant to state or local statute, executive order, ordinance, resolution or other legislative act; any body created by or pursuant to state or local statute, executive order, ordinance, resolution or other legislative act in the legislative or executive branch of government; any entity when the majority of its governing body is appointed by a PUBLIC AGENCY, as defined by this section; a member or employee of a PUBLIC AGENCY, a state or local officer or any combination thereof; any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council or agency, except for a committee of a hospital medical staff or a committee formed for the purpose of evaluating the qualifications of public agency employees, established, created or controlled by a PUBLIC AGENCY as defined in this section; an interagency body of two or more public agencies where each PUBLIC AGENCY is defined in this section.
(KRS 61.870)
PUBLIC RECORDS. All books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by the public agency. PUBLIC RECORDS shall not include any records owned or maintained by or for the public agency that are not related to functions, activities, programs or operations funded by the public agency nor any records that may be excluded by § 34.16 of this code.
REASONABLE FEE or FEE. The fair payment required by a public agency for making copies of non-exempt public records requested for noncommercial purposes which shall not exceed the actual cost of reproduction, including the costs of the media and any mechanical processing cost incurred by the public agency, but not including the cost of staff. If a public agency is asked to produce a record in a nonstandardized format, or to tailor the format to meet the request of an individual or a group, the public agency may at its discretion provide the requested format and recover staff costs as well as any actual costs incurred.
REQUEST. An oral or written application by any person to inspect public records of the agency.
RESIDENT OF THE COMMONWEALTH. Includes:
(1) An individual residing in the commonwealth;
(2) A domestic business entity with a location in the commonwealth;
(3) A foreign business entity registered with the Secretary of State;
(4) An individual that is employed and works at a location or locations within the commonwealth;
(5) An individual or business entity that owns real property within the commonwealth;
(6) An individual or business entity that has been authorized to act on behalf of an individual or business entity defined in divisions (1) through (6) above; or
(7) A news-gathering organization as defined in KRS 189.635(8)(b)1.a. through e.
SOFTWARE.
(1) The program code which makes a computer system function but does not include that portion of the program code which contains public records exempted from inspection as provided by KRS 61.878 or specific addresses of files, passwords, access codes, user identifications or any other mechanism for controlling the security or restricting access to public records in the public agency’s computer system.
(2) SOFTWARE consists of the operating system, application programs, procedures, routines and subroutines such as translators and utility programs, but does not include that material which is prohibited from disclosure or copying by a license agreement between a public agency and an outside entity which supplied the material to the agency.
(KRS 61.870)
(Prior Code, § 34.01)