It is the purpose of this article to establish reasonable fees and charges for the provision of access to or copies of open public records in the possession of the city to avoid the necessity of using general public funds of the city to subsidize special services and benefits to a record requester. The official record custodian shall periodically recommend to the governing body such changes in this article as may be necessary to secure this purpose.

(K.S.A. 45-215 et seq.; Code 1988, § 1-701; Code 2016, Sec. 2-151)

The city clerk or any other officer or employee having custody of city records and documents shall maintain such records and documents in accordance with K.S.A. 12-120 to 12-121 inclusive, which is incorporated by reference as if set out in full in this section.

(Code 1988, § 1-109; Code 2016, Sec. 2-152)

(a)   Where a request has been made for inspection of any open public record which is readily available to the record 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 at the rate per hour, per employee engaged in the record search established by the city’s fee resolution.

(K.S.A. 45-218; Code 1988, § 1-702; Code 2016, Sec. 2-153)

(a)   A fee, as found in the city’s fee resolution, shall be charged for photocopying public records. Such fee shall 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.

(K.S.A. 45-219; Code 1988, § 1-703; Code 2016, Sec. 2-154)

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

(b)   Prepayment of inspection and/or copying fees shall be required whenever, in the best estimate of the record custodian, such fees are estimated to exceed $10.00.

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

(K.S.A. 45-218(f), 45- 219(a); Code 1988, § 1-704; Code 2016, Sec. 2-155)