Chapter 2.20


Article I. Photographs of Records

2.20.010    Records to be photographed.

2.20.020    File of photographs – Destruction of original records.

Article II. Public Records

2.20.030    Policy.

2.20.040    Appointment of official custodian.

2.20.050    Public request for access.

2.20.060    Facilities for public inspection.

2.20.070    Procedures for inspection.

2.20.080    Duties of custodian.

2.20.090    Requests to be directed to custodian.

2.20.100    Fee administration.

2.20.110    Inspection and search fee.

2.20.120    Copying and other fees.

2.20.130    Payment of fees.

    Cross References: City clerk, TMC 2.30.010.

Article I. Photographs of Records

2.20.010 Records to be photographed.

The city clerk may, as authorized by K.S.A. 12-122 as amended, cause any or all records, documents or papers to be photographed, microphotographed or otherwise reproduced in a manner which accurately reproduces the original thereof in all details. (Ord. 17226 § 12, 1-27-98. Code 1995 § 2-66.)

2.20.020 File of photographs – Destruction of original records.

Whenever photographs, microphotographs or reproductions on film shall be placed in conveniently accessible files and provisions made for preserving, examining and using the same, the city clerk may, with the approval of the mayor, cause the originals from which the photographs or microphotographs have been made or any part thereof to be deposited in a safe place if the photographs or microphotographs are of permanent value or, if not of permanent value, destroyed in accordance with established rules and regulations. (Ord. 17226 § 13, 1-27-98. Code 1995 § 2-67.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

Article II. Public Records

    State Law References: Records management generally, K.S.A. 12-120 et seq., 45-401 et seq.; Open Records Act, K.S.A. 45-215 et seq.

2.20.030 Policy.

(a) It is hereby declared to be the policy of the city that all public records which are made, maintained or kept by or are in the possession of the city, its officers and employees, shall be open for public inspection as provided by, and subject to the restrictions imposed by, the Kansas Open Records Act (K.S.A. 45-215 et seq.).

(b) Any person, upon written request, shall have access to such open public records for the purpose of inspecting, abstracting or copying such records while they are in the possession, custody and control of the record custodian or designee. (Ord. 17226 § 14, 1-27-98. Code 1995 § 2-81.)

2.20.040 Appointment of official custodian.

The city clerk is hereby appointed as official record custodian of city records for purposes of the Kansas Open Records Act and is hereby charged with responsibility for compliance with that Act with respect to all city records. The city clerk may appoint one or more employees as an authorized designee. Such designee shall have the duties and powers as set out in the Kansas Open Records Act and this chapter. The city clerk shall preserve and protect all public records from damage, disorganization and theft and shall assist, in a timely and efficient manner, any person making request for access to any open public record. (Ord. 17226 § 15, 1-27-98. Code 1995 § 2-82.)

2.20.050 Public request for access.

All city offices keeping and maintaining open public records shall establish office hours during which any person may make a request for an open public record. Such hours shall be no fewer than the regular working hours for each day the office maintains regular office hours. (Ord. 17226 § 16, 1-27-98. Code 1995 § 2-83.)

2.20.060 Facilities for public inspection.

The city clerk is the principal record keeper of the city and the office of the city clerk shall be used as the principal office for providing access to and copies of open records to the maximum extent practicable. (Ord. 17226 § 17, 1-27-98. Code 1995 § 2-84.)

2.20.070 Procedures for inspection.

Any person requesting access to an open public record for purposes of inspecting or copying such record, or obtaining a copy thereof, shall abide by the procedures adopted by the city council for record inspection and copying, including those procedures established by the record custodian as authorized by the city council. Such procedures shall be posted in each city office. (Ord. 17226 § 18, 1-27-98. Code 1995 § 2-85.)

2.20.080 Duties of custodian.

The official record custodian and designated employees shall: protect public records from damage and disorganization; prevent excessive disruption of the essential functions of the city; provide assistance and information upon request; ensure efficient and timely action and response to all applications for inspection of public records; and carry out the procedures adopted by this city for inspecting and copying of open public records. (Ord. 17226 § 19, 1-27-98. Code 1995 § 2-86.)

2.20.090 Requests to be directed to custodian.

(a) As the official custodian of city records, the city clerk shall receive and coordinate all requests for access to, or copies of, a public record in accordance with the provisions of the Kansas Open Records Act.

(b) Written requests submitted to any other city office shall be forwarded to the office of the city clerk for timely and proper processing. (Ord. 20045 § 1, 12-20-16.)

2.20.100 Fee administration.

The city clerk is hereby authorized to maintain in the clerk’s office sufficient cash to enable the making of change for record fee purposes. The record fee moneys collected shall be paid to the city treasurer and become a portion of the general operating fund of the city. The custodian shall maintain duplicates of all copy request forms completed as to the computation of the amount of fee charged and collected and the amounts shall be periodically audited by authorized city personnel. (Ord. 17226 § 21, 1-27-98. Code 1995 § 2-88.)

    Cross References: City treasurer, TMC 2.30.020.

2.20.110 Inspection and search fee.

(a) Where a request has been made for inspection of any open public record which is readily available to the record custodian, there will be no inspection fee charged to the requester.

(b) In all cases not covered by subsection (a) of this section, a record inspection fee may be charged at a per hour rate determined by the records custodian comparatively based on the hourly rate of the employee engaged in the record search and production. (Ord. 20045 § 2, 12-20-16.)

2.20.120 Copying and other fees.

A fee of $0.25 per page may be charged for black and white photocopies of public records, such fee to cover the cost of labor, materials and equipment. The records custodian may establish a fee schedule for production of records in other formats, such as color copies or records provided electronically. The records custodian may set flat fees for certain types of records. Additional fees, including any other costs incurred by the agency in connection with complying with a record request (e.g., mailing costs), may be assessed to the requestor. (Ord. 20045 § 3, 12-20-16.)

    State Law References: Fees for records, K.S.A. 45-218, 45-219.

2.20.130 Payment of fees.

(a) The city clerk may demand prepayment of the fees established by this article whenever he or she believes this to be in the best interest of the city. The prepayment amount shall be an estimate of the inspection and/or copying charges accrued in fulfilling the record request. Any overage or underage in the prepayment shall be settled prior to inspection of the requested record or delivery of the requested copies.

(b) Prepayment of inspection and/or copying fees may be required whenever such fees are estimated to exceed $10.00.

(c) Where prepayment has been demanded by the record custodian, no record will be made available to the requester until such prepayment has been made.

(d) For copying any public records which cannot be reproduced by the city’s photocopying equipment, the requester may be charged the actual cost to the city, including staff time, in reproducing such records.

(e) All fees charged under this chapter which are not subject to the prepayment provisions shall be paid to the city clerk upon receipt of the documents requested. (Ord. 17226 § 24, 1-27-98. Code 1995 § 2-91.)