Effective July 1, 2000, Kansas law (K.S.A. 45-217 et seq. as amended by 2000 H.B. 2864) providing for the public's right of access to public records was changed. The Kansas Open Records Act provides that public records are open to public inspection, except for those records specifically exempted by law. The Act further provides that it be liberally construed in its application so as to promote the public's right of records access as much as possible. The City of Wichita has a tradition of open local government. The Kansas Open Records Act is complementary to that spirit of openness.

City officials and employees are charged with concurrent duties to (1) preserve and protect public records and (2) make public records available for public inspection in accordance with the Act. In determining access to public records, the burden is upon the city to justify any policies or procedures that limit access to records and to show why access is denied for any particular reason.

The purpose of this regulation is to set out general procedures to assist city officials and employees in observing the letter and spirit of the open records legislation. All city officials and employees who may have occasion to handle public records and respond to public requests for access will become knowledgeable of the requirements of the Act. To assist in understanding the Act, department directors have been provided with a publication entitled "City of Wichita - A Guide to Open Public Records."

In accordance with the Kansas Open Records Act, the City Clerk is hereby appointed as the city's local freedom of information officer (LFIO). In addition, each department shall appoint a departmental records custodian (and an alternate to act in the event the custodian is absent). Each department shall advise the City Clerk in writing of the custodian and alternate designations and shall notify the City Clerk in the event of changes in designation.

The City Clerk (or designee) as the local freedom of information officer (LFIO) shall:

• Prepare and provide educational materials and information regarding the Open Records Act.

• Assist City officials and the public in resolving open records disputes.

• Respond to inquiries regarding open records matters.

• Prepare a brochure and other information about the Open Records Act, the rights of requestors, responsibilities of the City, and procedures for inspecting and obtaining copies of public records.

• Display, distribute or otherwise make available the brochure prepared by the LFIO in the administrative offices of the governing body where it is available to members of the public who request public information in person.

The LFIO does not handle open records requests, but makes sure the public has the necessary information about access to public records and insures that City employees are aware of the requirements.

The local freedom of information officer (LFIO) will be available to departmental personnel and requesters for consultation where the application of the law may be unclear and a ruling necessary. In turn, the LFIO may consult with the City Manager's Office and the Department of Law prior to making a final determination.

Records custodians will be responsible for:

1. Understanding the Open Records Act and its application within their jurisdiction.

2. Knowing the types of public records maintained within their jurisdiction and whether those records are open or exempted.

3. Being the point of contact for public requests for access to records.

4. Prominently displaying or making available to the public the brochure prescribed by the LFIO that contains basic information about the rights of a requestor, responsibilities of a public agency, and the procedures for inspection or obtaining a copy of public records under the Open Records Act.

The public has a right to know and must be provided the following information upon request:

1. The Local Freedom of Information brochure.

2. Regular office hours and any additional times in which inspection and copying of public records will be allowed.

3. The title and location of the records custodian (City Clerk/LFIO, and designees) and departmental custodian. The City Clerk/LFIO will provide each department with a list of records custodians.

4. The fee schedule for access and copies.

5. Procedures to be followed in requesting inspection or copying of records.

6. Records shall not be removed from the department premises without written authorization from the records custodian.

The records custodian may request reasonable identification of any person requesting records. All requests for inspection and copying of public records must be acted upon "as soon as possible" but not later than the end of the third business day following the request.

Requests for inspection only of records should be handled by each department. Where uncertainty exists about whether the information is a public record open to public inspection, or where a fee for inspection will be charged, the person making the request should be asked to complete a request form.

Some departments handle routine requests for copies of documents (e.g., traffic accident reports, zoning, and other planning documents, etc.). Those requests may continue to be handled under each department's existing procedures.

Except as provided above, where a request for copies is in writing or required to be in writing by the departmental custodian, copying is to be made at a central location for each department. Fees for such copying and any other charges (e.g., inspection, research) determined by the departmental custodian shall be made as determined by the LFIO.

Upon receipt of a written request, the departmental custodian should note on the request form the number of copies required and the fee. The departmental records custodian shall inform the requester of the time the copies will be available and how payment is to be made.

A copy of the Request For Records Inspection Copy form is attached to the AR.

As determined necessary by the records custodian, the requester should be asked to complete the form for use in responding to a request. The request form will permit the records custodian to make a decision knowing the specific request and will permit consultation with the City Clerk/LFIO, if necessary. The records custodian can also use the form to advise the requester of any cost for records inspection, research, copying, or retrieval from long-term storage (UV&S). Copies of all completed request forms are to be maintained by the records custodian.

Nothing in this regulation is intended to require a change in procedure for those departments which routinely provide copies of material to the public or honor oral requests for inspection or copies which are not disruptive to the office. This Regulation is intended to provide efficient and timely action in response to requests for copies and is not intended to delay or discourage requests.

Departments should use their judgement (in conjunction with the fee schedule on file in the office of the City Clerk/LFIO) in assessing fees for records inspection and copying. If past practice has been to make records or copies of records available upon request at no charge, the Act is not to be construed as mandating a fee for such inspection and copying. When fees for records access are charged, the fee should be set so as to recoup only actual costs.

Most records copying will be in the form of duplication of paper records. The fee schedule will be on file in the office of the City Clerk/LFIO.

The fee schedule should be used unless data will support the assessment of a higher fee. Pre-established costs may be set for certain items (e.g., City Code, budget, etc.) or specialized technical documents. Other records access costs (e.g., staff time, retrieval of stored records, etc.) must be set on an individual basis.

If access to a requested public record is not granted immediately, the custodian must give a detailed explanation of the cause for delay and when and where the record will be made available. The custodians should be particularly aware of requests that may involve privacy rights of individual employees or citizens. A delay in such a request is proper while the request is reviewed by the records custodian, City Clerk/CFIO, or the Department of Law.

A copy of a Records Inspection and/or Copy Delay Notice form is attached to this AR.

Copies of completed delay forms are to be maintained by the records custodians.

Should a records custodian judge that certain records or parts of records are not or may not be open to public access, the Records Inspection Copy Request Denial form must be completed. A copy of the form is attached to this AR.

Prior to any denial of a request, it is recommended that the City Clerk/CFIO be advised. The City Clerk/CFIO will determine whether to consult with the City Manager's Office or the Department of Law.

A copy of the denial request form should be given to the requester with copies also to be filed with the City Clerk/CFIO and the Department of Law.

Good judgment is particular important and knowledge of the Act is essential.

The Kansas Open Records Act requires particular procedures to be followed when a request is made for City records that contain lists of names and addresses. It is a criminal offense to knowingly give or receive lists of names and addresses from public records for the purpose of selling or offering to sell property or services to the persons listed. Requests for lists of names and addresses should be in writing (a form is provided for that purpose) certifying that the requestor will make proper use of the information. Any such request should be referred to the Law Department for review.

In the event of the threat of litigation by any requester concerning access or copying, the Department of Law should be immediately notified of the circumstances by telephone with follow-up details in writing to the City Clerk/CFIO and the Department of Law.

Since the general public's interest is best served through convenient news media access to open public records, city officials regularly brief the news media on matters pending before the governing body. Much printed information is offered at no cost to news media representatives (for example: reports and other documents scheduled for upcoming council meetings, street closing notices, and board and commission agendas). It is expected that such cooperation with the news media will continue and information will be regularly distributed to them without costs.

Copies of documents and other materials that have been distributed to a majority of a quorum of the City Council or other boards of the city must be made available for inspection by the news media and general public as soon as possible, unless otherwise exempted from disclosure. If such distribution occurs after regular business hours, the material should be made available at the beginning of the next business day. For example, a long-standing local practice has been that documents provided to the City Council late on Mondays and Thursdays are made available to the news media the following morning.

Chris Cherches,
City Manager

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