For purposes 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 actual personal custody and control. The OFFICIAL CUSTODIAN of this city shall be the Mayor.
"PUBLIC AGENCY." The city governing body, and any other municipal department, board, commission, committee, subcommittee, ad hoc committee, council, or agency thereof, as all these are more specifically defined and set forth in KRS 61.870(1).
"PUBLIC RECORDS." All books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation 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 owned or maintained by or for a body referred to in KRS 61.870(1)(h) that are not related to functions, activities, programs, or operations funded by state or local authority nor any records that have been excluded by § 37.26
.
"REASONABLE FEE or FEE." The fair payment required by the city for making copies of and/or mailing public records which shall not exceed the actual cost thereof and shall not include the cost of staff time required.
"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 or duplication.
"SOFTWARE." 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. 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.
(Ord. 21-05, passed 7-27-21)
Statutory reference:
Definition of request, KRS 61.870