(a)   It is hereby declared to be the policy of the City of Sublette that all public records which are made, maintained or kept by or are in the possession of the City of Sublette, 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.

(b)   Any person, upon 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 appointed or designated record custodian thereof, or his or her designated representative.

(K.S.A. 45-215 et seq.; Ord. 356; Code 2020)

The records custodian(s) appointed and designated pursuant to this article 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, by providing the requested records to the City Clerk.

(Ord. 356; Code 2020)

All city offices keeping and maintaining open public records shall establish office hours during which any person may make a request for access to an open public record. Such hours shall be no fewer than the hours each business day the office is regularly open to the public. For any city office not open Monday through Friday, hours shall be established by the records custodian for each such day at which time any person may request access to an open public record.

(K.S.A. 45-226; Ord. 356; Code 2020)

All city offices keeping and maintaining open public records shall provide suitable facilities to be used by any person desiring to inspect an open public record. The office of the City Clerk, being the principal record-keeper of the city, and shall be used as the principal office for providing access to and providing copies of open records. Requesters of records shall be referred to the office of the City Clerk first.

(Ord. 356; Code 2020)

Any person requesting access to an open public record for purposes of inspecting or copying such record, shall abide by the procedures adopted by the governing body for record inspection and copying. Such procedures shall be available in of the office of the City Clerk.

(Ord. 356; Code 2020)

The following city officers are’ hereby appointed as official custodians-for purposes of KORA, and shall make the following records available for inspection:

(a)   City Clerk - The City Clerk is appointed as the official custodian of all records of the City of Sublette. In the event the requested records are located in another office the other records custodians shall provide the records to the City Clerk upon request of the City Clerk, for copying by the City Clerk. The City Clerk shall keep all public records kept and maintained in the City Clerk’s office and all other public records not provided for elsewhere in this section.

(b)   City Treasurer - All public records not on file in the office of the city clerk and kept and maintained in the city treasurer’s office.

(c)   Chief of Police - All public records not on file in the office of the city clerk and kept and maintained in the city police department.

(d)   Fire Chief - All public records not on file in the office of the city clerk and kept and maintained in the city fire department.

(e)   City Attorney - All public records not on file in the office of the city clerk and kept and maintained in the city attorney’s office.

(f)   Clerk of the Municipal Court - All public records not on file in the office of the city clerk and kept and maintained in the municipal court.

(Ord. 356; Code 2020)

All city officers and employees appointed or designated as records custodians under this article 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; shall carry out the procedures adopted by the City of Sublette for inspecting and copying open public records; and shall provide the requested records to the City Clerk when requested by the City Clerk for copying.

(Ord. 356; Code 2020)

(a)   All members of the public, in seeking access to, a public record in accordance with the provisions of KORA, shall address their requests first to the City Clerk and if those records are not located at the City Clerk’s office then the City Clerk shall request the’ custodian charged with responsibility for the maintenance of the record sought to be inspected or copied, to provide copies to the City Clerk.

(b)   Whenever any city officer or employee appointed or designated as a custodian under this article is presented with a request for access to, or copy of, a public record which record the custodian does not have in his or her possession and for which he or she has not been given responsibility to keep and maintain, the custodian shall so advise the person requesting the record. Further, the person making the request shall be informed as to which custodian the request should be addressed to, if such is known by the custodian receiving the request.

(K.S.A. 45-226; Ord. 356; Code 2020)

The City Clerk is hereby authorized to provide the Clerk’s office with sufficient cash to enable the City Clerk’s office to make change for record fee purposes.

(Ord. 356; Code 2020)

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

(b)   In all cases not covered by subsection (a) of this section, a record inspection fee shall be charged by the City of Sublette at the rate of $20.00 per hour per employee engaged in the record search. A minimum charge of $20.00 shall be charged for each such request requiring more than 15 minutes for inspection.

(Ord. 356; Code 2020)

(a)   A fee of $0.25 per page shall be charged for photocopying public records, such fee to cover the cost of labor, materials and equipment.

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

(Ord. 356; Code 2020)

(a)   A City Clerk may demand prepayment of the fees established by this article whenever the Clerk 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 shall be required whenever, in the best estimate of the records custodian, such fees are estimated to exceed $50.00.

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

(Ord. 356; Code 2020)

All fees charged under this article shall be paid to the City Clerk at time of picking up records unless the requester has established an account, for purposes of billing and payment, with the city.

(K.S.A. 45-219; Ord. 356; Code 2020)

(a)   The city clerk is hereby appointed as the Local Freedom of Information Officer and charged with all of the statutory duties prescribed by K.S.A. 45-226 and set forth below.

(b)   The Local Freedom of Information Officer or the officer’s designee shall:

(1)   Prepare and provide educational materials and information concerning the open records act;

(2)   be available to assist the City and members of the general public to resolve disputes relating to the open records act;

(3)   respond to inquiries relating to the open records act;

(4)   establish the requirements for the 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 requester, the responsibilities of a public agency, and the procedures for inspecting and obtaining a copy of public records under the open records act.

(K.S.A. 45-226; Res. 070300; Code 2020)