(A) Except as expressly stated by applicable Statutes of the State of Nebraska and as incorporated in § 10.20 hereof, all citizens of the city, and all other persons interested in the examination of the public records of the city, are hereby fully empowered and authorized to examine such records and make memoranda copies thereof, subject to the following:
(1) If the requester is using their own copying or photocopying equipment, there shall be no charge provided the copying or photocopying is done by the requester during the regular business hours, as established by the governing body of the city, from time to time, in the city's administrative office or at a location mutually agreeable to the requester and the Mayor of the city.
(2) If the requester does not have their own copying or photocopying equipment, and if the city has copying equipment reasonably available, said copies may be obtained by the requester in any form designed by the requester in which the public record is maintained or produced, including, but not limited to, printouts, electronic data, disc, tapes, and photocopies, subject to the following:
(a) The city may charge a fee for providing copies of such public record which fee shall not exceed the actual cost of making the copies available. Said actual cost shall have been established previous thereto by the governing body of the city pursuant to a resolution and made available, in written form, to the requester prior to the requester requesting copies of the requested public record.
1. For photocopies, the actual cost of making the copies available shall not exceed the amount of the reasonably calculated actual cost of photocopies.
2. For printouts of computerized data on paper, the actual cost of making copies available shall include the reasonably calculated actual cost of computer run time and the cost of materials for making the copies.
3. For electronic data, the actual cost of making the copies available shall include the reasonably calculated actual cost of the computer run time, any necessary analysis and programing, and the production of the report in the form furnished to the requester.
(b) The city shall not be required to produce or generate any public record in a new or different form or format modified from that of the original public record.
(c) If the city determines that the cost of the copies requested is in excess of $50, the city may require the requester to furnish a deposit prior to fulfilling such request.
(B) Upon receipt of a written request for access to or copies of a public record, and if there is no legal basis for denial of access for copies, the city shall provide to the requester as soon as practical and without delay, but not more than four business days after actual receipt of the request, either:
(1) Access to the public record, or
(2) If copying equipment is reasonably available, copies of the public record.
(C) If there is a legal basis for denial of access for copies, a written denial of the request shall contain the following:
(1) A description of the contents of the records withheld and a statement of the specific reason for the denial including citations to the particular statute and subsection expressly providing the exception relied upon as authority for the denial; and
(2) The name of the public official or employee responsible for the decision to deny the request, and
(3) Notification to the requester of any administrative or judicial right of review; or
(4) If the entire request cannot with reasonable good faith efforts be fulfilled within four business days after actual receipt of the request due the significant difficulty or the extensiveness of the request, a written explanation, including the earliest practical date for fulfilling the request, an estimate of the expected cost of any copies, and an opportunity for the requester to modify or prioritize the items within the request.
(D) Any reasonably segregable public portion of a record shall be provided to the requester as a public record upon request after deletion of the portions which may be confidential in nature pursuant to § 10.20 hereof.
(Ord. 2123, passed 3-26-2013)