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Stemming from a request for public records submitted by The Signal, Interim City Administrator Jay Newton on Monday presented the city council and Mayor Bob Dixson with a new public records ordinance, which Newton described as “more nearly representing actual costs [to the city for public records requests].”
The city council first repealed Ordinance No. 967, which was approved in October 2008 by the city council and Mayor Bob Dixson and attested to by then City Administrator Steve Hewitt.
The document lists Hewitt as “city clerk.”
The ordinance outlined costs to the public for information requests. Under the previous ordinance, requesters were required to pay the city $20per hour for each employee engaged in record searches with a minimum charge of $10per search. A fee of $1per page was levied for photocopies.
In a written summary on the 2008 ordinance to city council members, Newton wrote that he felt the previous rate structure “appears to be excessive and intended to make it more difficult for citizens requesting information in accordance with the Kansas Open Records Act.”
The Kansas Open Records Act, passed by the state legislature in 1983 and amended in 1995, provides guidelines for the retention and dissemination of public records in the state of Kansas.
Section 45-219(c1-c5) of KORA discusses the reasonableness of fees for copying public records, asserting that fees should not exceed actual cost and that “A fee for copies of public records which is equal to or less than $0.25 per page shall be deemed a reasonable fee.”
Kiowa County Signal editor Patrick Clement spoke to the council and asked it to consider an addition to the amendment that addresses the transfer of electronic records and related costs.
Clement also expressed concerns that the city was not providing adequate access to public records by not having records available for viewing at City Hall during business hours.
Section 45-218 of KORA requires that: “All public records shall be open for inspection by any person….and suitable facilities shall be made available by each public agency for the purpose.”
The council unanimously passed Ordinance No. 1017 modifying open records fees.
The new ordinance requires requesters to pay $12 per hour per employee engaged in a records search, with a $6 minimum charge for each request. Requesters will be charged $0.20 per page for photocopies of records.
Both ordinances state that requests for inspection of an “open record readily available to the record custodian” shall bear no cost to the requester.
The city council tabled the discussion on electronic record transmission to the next council meeting to allow time for city attorney Gordon Stall and Newton to conduct research.
Stemming from a request for public records submitted by The Signal, Interim City Administrator Jay Newton on Monday presented the city council and Mayor Bob Dixson with a new public records ordinance, which Newton described as “more nearly representing actual costs [to the city for public records requests].”
The city council first repealed Ordinance No. 967, which was approved in October 2008 by the city council and Mayor Bob Dixson and attested to by then City Administrator Steve Hewitt.
The document lists Hewitt as “city clerk.”
The ordinance outlined costs to the public for information requests. Under the previous ordinance, requesters were required to pay the city $20per hour for each employee engaged in record searches with a minimum charge of $10per search. A fee of $1per page was levied for photocopies.
In a written summary on the 2008 ordinance to city council members, Newton wrote that he felt the previous rate structure “appears to be excessive and intended to make it more difficult for citizens requesting information in accordance with the Kansas Open Records Act.”
The Kansas Open Records Act, passed by the state legislature in 1983 and amended in 1995, provides guidelines for the retention and dissemination of public records in the state of Kansas.
Section 45-219(c1-c5) of KORA discusses the reasonableness of fees for copying public records, asserting that fees should not exceed actual cost and that “A fee for copies of public records which is equal to or less than $0.25 per page shall be deemed a reasonable fee.”
Kiowa County Signal editor Patrick Clement spoke to the council and asked it to consider an addition to the amendment that addresses the transfer of electronic records and related costs.
Clement also expressed concerns that the city was not providing adequate access to public records by not having records available for viewing at City Hall during business hours.
Section 45-218 of KORA requires that: “All public records shall be open for inspection by any person….and suitable facilities shall be made available by each public agency for the purpose.”
The council unanimously passed Ordinance No. 1017 modifying open records fees.
The new ordinance requires requesters to pay $12 per hour per employee engaged in a records search, with a $6 minimum charge for each request. Requesters will be charged $0.20 per page for photocopies of records.
Both ordinances state that requests for inspection of an “open record readily available to the record custodian” shall bear no cost to the requester.
The city council tabled the discussion on electronic record transmission to the next council meeting to allow time for city attorney Gordon Stall and Newton to conduct research.
