§ 34.16 REFERRAL TO PROPER CUSTODIAN.

   If the City Clerk-Treasurer does not have custody or control of the public record or records requested, the City Clerk-Treasurer shall notify the applicant and shall furnish the name and location of the official custodian of the agency’s public records.

(KRS 61.872(4)) (Prior Code, § 34.06)

§ 34.17 PUBLIC RECORDS NOT IMMEDIATELY AVAILABLE.

   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 or mailing of the public records, not to exceed five days (excepting Saturdays, Sundays and legal holidays) 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 or duplication.

(KRS 61.872(5)) (Prior Code, § 34.07)

§ 34.18 REFUSAL OF UNREASONABLE REQUESTS.

   If the application places an unreasonable burden in producing 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 or mail copies thereof. However, refusal under this section must be sustained by clear and convincing evidence.

(KRS 61.872(6)) (Prior Code, § 34.08)

§ 34.19 TIME LIMITATION; DENIAL OF INSPECTION.

   (A)   The official custodian, upon any request for records made under this chapter, shall determine within five days (excepting Saturdays, Sundays and legal holidays) after the receipt of any request whether to comply with the request and shall notify in writing the person making the request within the five-day period of its decision.

   (B)   Any agency 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 shall constitute final agency action.

(KRS 61.880) (Prior Code, § 34.09)