2.66.020 Local Freedom of Information Officer and Records Custodian

2.66.020 Local Freedom of Information Officer and Records Custodian.

(1) The Governing Body of the City of Olathe appoints the City Clerk as the local freedom of information officer.

(2) The local freedom of information officer or his or her designee shall:

(a) Prepare and provide educational materials and information concerning the Open Records Act;

(b) Be available to assist the City and members of the general public to resolve disputes relating to the Open Records Act;

(d) Establish the requirements for content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise make available to the public under the Open Records Act. In establishing such requirements for the content of the brochure, the local freedom of information officer shall include plainly written basic information about the rights of a requestor, the responsibilities of a public agency, and the procedure for inspecting and obtaining a copy of public records under the Open Records Act.

(1) All City officers and employees appointed or designated under this ordinance as records custodians shall protect public records from damage and disorganization; prevent excessive disruption of the essential functions of the City; provide assistance and information upon request; insure efficient and timely action and response to all applications for inspection of public records; and shall carry out the procedures adopted by this City for inspecting and copying open public records.

(2) All City officers and employees appointed or designated under this ordinance shall prominently display or distribute or otherwise make available to the public a brochure in the form prescribed by the local freedom of information officer that contains basic information about the rights of a requestor, the responsibilities of a public agency, and the procedures for inspecting or obtaining a copy of public records under the Open Records Act. The official custodian shall display or distribute or otherwise make available to the public the brochure at one or more places in the administrative offices of the governmental body where it is available to members of the public who request public information in person under this ordinance.

(3) The following City officers are hereby appointed as official custodian and record custodians for purposes of the Kansas Open Records Act and are hereby charged with responsibility for compliance with that Act with respect to the hereinafter listed records and duties:

(a) Official Custodian. The City Clerk is appointed as official custodian of City records and as such shall receive and coordinate all requests for access to public records except for law enforcement records which will be received and coordinated by the Records Coordinator for the Police Department and the Fire Marshal for the Fire Department as provided in subparagraph b) following.

(b) Custodial Procedure. The official custodian and law enforcement record custodian will be guided by the general provisions of Section 2.66.030 and the specific provisions contained in subparagraphs 1) and 2) following.

(1) Official Custodian. If a requested record, other than a law enforcement record, is on file in the City Clerk’s record vault, the City Clerk will act on the request. If the record is on file in another department, the City Clerk will coordinate with the record custodian for that department and obtain a date and time that the record will be available for inspection. The City Clerk will stamp the request form “Received” and ensure its delivery to the pertinent record custodian for action as appropriate. It will not be the City Clerk’s duty to determine the accessibility of records not held by his office. The City Clerk will maintain a file of all requests received by the City other than law enforcement record requests.

(2) Law Enforcement Records Custodian. Requests for law enforcement records will be received by the Records Coordinator for the Police Department and the Fire Marshal for the Fire Department and acted upon in accordance with the procedures established herein. The Records Coordinator for the Police Department and the Fire Marshal for the Fire Department will maintain a file of all law enforcement record requests separate of the file kept by the official custodian.

(C) Record Custodians. The following City officials are appointed record custodians for all public records not on file in the City Clerk’s office and as are kept and maintained in their respective offices:

(1) City Manager.

(2) Records Coordinator of the Police Department

(3) Fire Marshal

(D) Additional Record Custodians. Each of the custodians appointed in subsections A. B. and C. above is hereby authorized to designate any subordinate officers or employees to serve as record custodian. Such record custodians shall have such duties and powers as are set out in the Kansas Open Records Act and this ordinance. Whenever record custodians shall appoint another person as an additional record custodian, he or she shall notify the City Clerk of such designation in writing, and the City Clerk shall maintain a register of all such designations. (Ord. 11-20 § 1, 2011; Ord. 00-79 § 2, 2000; Ord. 84-104 § 1 & 3, 1984; Ord. 84-07 § 1, 1984.)