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HomeMy WebLinkAbout76-6-1292t' 194 ORDINANCE NO. 76- 6-1292 AN ORDINANCE ADOPTING REGULATIONS FOR THE INSPECTION OF PUBLIC RECORDS BE IT 'ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Definitions . Prior to the development of rules and regulations governing access to public records , it is important that the relevant terminology be clearly understood by all . The following terms, when used in these regulations, shall have the meaning ascribed to them in this section, except where the context clearly indicates or requires a different meaning: A . "Public Agency" shall mean the city governing body , council , municipal corporation , court or judicial agency , and any board , department, commission, committee, subcommittee, ad hoc committee , council or agency thereof . B . "Public Records" means all books, papers, maps, photographs, cards, tapes, discs, recordings or other documentary 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 by a private person or corporation that are not related to functions, activities, programs or operations funded by state or local authority . "Public records" shall not include any records that have been excluded by Section III. C . "Official Custodiam" means the chief administrative officer or any other officer or employe 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 for this city shall be the City Manager whose mailing address is City Hall, Paducah, Kentucky, 42001. D . "Custodian" means the official custodian or any authorized person having personal custody and control of public records . E . "City" shall mean the city government of Paducah , Kentucky . F . "Person" shall mean a human being who makes a bodily appearance before the office of the custodian and makes a request for inspection of public records . G. "Request" shall mean 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 and/or duplication . H . "Reasonable Fee" or "Fee" shall mean the fair payment required by a public agency for making copies of public records which shall not exceed the actual cost thereof and shall not include the cost of staff time required . The fee charged by this public agency for making copies shall be fifteen cents per page . SECTION 2 -PROCEDURES FOR REQUESTING PUBLIC RECORDS The following procedures shall be followed by both persons making a request to inspect public records of this Public Agency and by the official custodian and/or custodians of those public records: 195 -~- --- -- A . Initial...Request With Immediate Inspection -- As defined in Section. I and subject to the limitations set forth in Section III, any person desiring to inspect or copy the public records of, this city shall make. a request and/or complete a written application for such records at the office of the City .Manager during regular office hours , which are from 8: 30 a . m . to 5: 00 p . m . Monday through Friday of each week except during legal _holidays . If the custodian determines that: a person's request is in compliance with the .open. records. law and; that the requested records are immediately available, the custodian shall deliver such..records for inspection. Suitable facilities shall be made available in the City Hall or other suitable location for the. inspection and no person. shall remove original copies ,of public records from: the offices ,of any public agency without the -written permission of the- official custodian of the record . The applicant shall have the right to make abstracts of the public records , and to obtain copies of-all written. public -records.. .When copies are requested, the custodian may require a written request and advance payment of the prescribed fee as defined in Section I H . B . -Refer-ral --To • Proper Custodian. -- If the City,Manager. does not have custody_or.control of the public record or records requested , the City Manager shall so notify the applicant and _, shall f~zrnish the name_.and.location. of the custodian of the public. record, if such facts are known to him . C . Public Records Not Immediately Available -- ... _ , .. If the .public record Is in .actiue .use, in-storage ,or not otherwise available , the official custodian shall immediately so notify the applicant and shall designate a place, time and date, for inspection of the public records, not, to_exceed three- (3) days _(excepting .Saturdays, Sundays, and legal holidays,).., from receipt of. the: application ,.,unless , a detailed explanation of .the, cause is~given for: further delay.-and the place, time and earliest date on which the public record will -be available for inspection and/or duplicatian..>_ - - - - - ~ r-, . D . Refusal, of Unreasonable Requests -- ., ..,. ._, , __. ., .... . If _the application places, an unreasonable.. burden, in producing voluminous public records, or if_ the, custodian has reason toy believe that repeated requests. are intended to d•srupt.other _essential functions of the public agency , the official custodian may refuse to permit inspection of the public r-ecords .. However.,. -r-.efusal ,under this section must be sustained by clear and convincing evidence .. _ 'tation/Denial. of .Inspection -- E . Time. ,Limn .The Public. Agency, upon_-any request for records made under this Act, shall determine within: three, (3) days (excepting. Saturdays, Sundays, and legal holidays) after the receipt of any such request whether to . comply.,wth the request and, shall notify in. writing. the person making . the request, within, the. three (3) day period , _of .its decision . An agency response denying,. in whole or in part,. .inspection of any record shall include a statement of the- specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the . record, withheld. :The response; shalLbe:issued~by the official custodian or under his _ authority., and it .shall constitute.. final agency action . A copy of the written response denying inspection of a public record shall be forwarded immediately by the Public. Agency to xhe Attorney General of the Commonwealth of Kentucky. Upon the. Attorney General's request, the agency will provide additional documentation... If upon request by the person seeking inspection, the Attorney General reviews the denial and issues a written opinion upholding, in whole or in 196 part, the request for inspection, the agency may institute proceedings within thirty (30j days for injunctive or declaratory relief in the circuit court. In addition, if the Attorney General disallows the request or if the Public Agency continues to withhold the record notwithstanding the Attorney General opinion, and the person seeking disclosure institutes proceedings . - -, _ in circuit court , the Public Agency shall notify the Attorney General of 'such action F . Miscellaneous Regulations -- No official of 'the Public Agency shall willfully conceal or destroy any record with the intent to violate the provisions of the Act or these rules and regulations . Any person shall have access; to any .public record relating to him or in which he is mentioned by name , upon .presentation of appropriate 'identification, subject to the provisions of Section III of these rules and regulations . The "Public Records Inspection Request Form" appended hereto is hereby approved and no public records shall be issued. until the applicant, if requested, has completed a copy of said form . SECTION III -PUBLIC RECORDS PROTECTED FROM DISCLOSURE The following public records ,are excluded from the application of the Act and these rules and regulations, and shall be subject to inspection only upon order of a court of competent jurisdiction: A . Public records containing information of a ,personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of ` personal privacy . B . .Records confidentially disclosed to an agency and compiled and ' ~ maintained for scientific research, the regulation of commercial enterprise , including mineral exploration records , unpatented , secret commercially valuable plans , appliances , formulae , or processes , which are used for the making, preparing, °compounding, treating, or processing of articles or. materials which, are trade commodities obtained __, ,. from a person and which are generally recognized as confidential , or for the grant or review of a license to do. business and if openly disclosed would permit an unfair advantage to competitors .of the subject enterprise . ` `This exemption shall not,. however apply to records the disclosure or ,publication of which is directed by other statute . C . Public records pertaining to a. prospective location _of a business or industry where no previous public disclosure has been made of the business' or industry's interest in locating in, relocating within or expanding within the Commonwealth. Provided, however, that this exemption shall not include those records pertaining to application to. agencies for permits or licenses necessary to do business or to expand business operations within the state, except as provided in paragraph B above. D . The contents of real estate, appraisals , engineering or feasibility estimates and evaluations made by or, for a public agency relative to acquisition of ,property , until such time as all of the, property has been acquired; provided , however, the law,. of eminent domain shall not be affected by this provision. E. Test questions, scoring keys and other examination date used to administer a licensing examination, examination for employment or academic examination before the exam is given or if it is to be .given again . F . Records of law enforcement agencies or agencies involved in administrative ' adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations if the disclosure of the information would harm the agency by revealing the identity of informants not otherwise known 197 ' or by premature release of information to be"used in a prospective law enfor- cement action or administrative adjudication. Unless exempted by other provisions of this act, public record"s exempted under this provision shall be open after enforcement action is completed or a decision is made to take no action: Provided; however that the exemptions provided by this sub- section shall not be used by the custodian of the records to delay or impede - the exercise of rights granted by`this. Act. G . -Preliminary drafts , notes , correspondence with private individuals , other than correspondence which is intended to give notice of final action of a public agency . H. Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended. I . All public records or information the disclosure of which is prohibited by - federal law or regulation. J'. Public records or' information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly . No' exemption" under Section "III shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person . " In addition , if any public record contains material" which is not excepted under Section IIL, the- Public Agency shall separate the excepted and make the non-excepted "material available for examination; subject to"the possible applicability of"Section II - D. The provisions of Section III sYiall in no way prohibit or limit the exchange of public records. 'or the sharing of information between public agencies when the exchange is serving a legitimate governmental need or is necessary 'in :the performance of a legitimate government function . ' SECTION IV`. A copy`of this Ordinance-shall be disgIayed'on the bulletin board in the City Hatt"and sent to all city departments, boards, committees,"commissions and agencies . - " SECTION V . Thi-srOrdinance shall be in "full force and effect from and after the date of -:its` "adoption : " ~, -~c. Mayor Passed by the Board of Commissioners June 22, 1976 Recorded by Sarah Thurman, City Clerk, June 22, 1976.