CHAPTER 32:
PUBLIC RECORDS
General Provisions
32.01 Definitions
Procedures for Requesting Public Records
32.05 Initial request with immediate inspection
32.06 referral to proper custodian
32.07 Public records not immediately available
32.08 Refusal of unreasonable requests
32.09 Time limitation; denial of inspection
32.10 Concealing or destroying records prohibited
32.11 Access to records relating to particular individual
32.12 Public records protected from disclosure
GENERAL PROVISIONS
§ 32.01 DEFINITIONS.
For purpose of this chapter the following words and phrased shall have the following meanings ascribed to them respectively:
"CITY" The city government of this city.
"CUSTODIAN." The official custodian or any authorized person having personal custody and control of public records of "CUSTODIAN" having personal custody of most of the public records of this city is the City Clerk-Treasurer/Tax Collector.
"OFFICIAL CUSTODIAN." The chief administrative officer or any other officer or employee 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" of this city shall be the Mayor.
"PERSON." A human being who makes a bodily appearance before the office of the custodian and makes a request for inspection of public records.
"PUBLIC AGENCY." The city governing body, and any other municipal department, board, commission, committee, subcommittee, ad hoc committee, council, or agency thereof.
"PUBLIC RECORDS." All books, papers, maps, photographs, cards, tapes, discs, diskettes, 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 nor any records that have been excluded by § 32.12.
"REASONABLE FEE" or "FEE." 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.
"REQUEST." 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 or duplication. (KRS 61.870)
PROCEDURES FOR REQUESTING PUBLIC RECORDS
§ 32.05 INITIAL REQUEST WITH IMMEDIATE INSPECTION.
(A) As defined in 32.01, and subject to the limitations set forth in § 32.12, any person desiring to inspect or copy the public records of this city shall make a request
or complete a written application for such records at the office of the City Clerk-Treasurer/Tax Collector during regular office hours, except during legal holidays. (KRS 61.872 (2))
(B) If the custodian determines that a person's request is in compliance with the open record law and the requested records are immediately available, the custodian shall deliver the records for the inspection. Suitable facilities shall be made available in the office of the City Clerk-Treasurer/Tax Collector for the inspection. No person shall remove original copies of public records form the offices of any public agency without the written permission of the official custodian of the record.
(KRS 61.872 (1))
(C) 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 § 32.01. (KRS 61.874 (1))
§ 32.06 REFERRAL TO PROPER CUSTODIAN.
If the City Clerk-Treasurer/Tax Collector does not have custody or control of the public record or records requested, the City Clerk-Treasurer/Tax Collector shall so notify the applicant and shall furnish the name and location of the custodian of the public record, if such facts are known to him. (KRS 61.872 (3))
§ 32.07 PUBLIC RECORDS NOT IMMEDIATELY AVAILABLE.
If the public record is in active 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 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 of duplication. (KRS 61.872 (4))
§ 32.08 REFUSAL OF UNREASONABLE REQUESTS.
If the application places an unreasonable burden in producing voluminous public records, or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records. However, refusal under this section must be sustained by clear and convincing evidence.
(KRS 61.872 (5))
§ 32.09 TIME LIMITATION; DENIAL OF INSPECTION.
(A) The official custodian, upon any request for records made under this chapter, shall determine within three days (excepting Saturdays, Sundays, and legal holidays)
after the receipt of any request whether to comply with the request and shall notify in writing the person making the request within the three-day period of its decision.
Any 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 shall be issued by the official custodian or under his authority and shall constitute final agency action.
(B) A copy of the written response denying inspection of a public record shall be forwarded immediately by the city to the Attorney General of the Commonwealth of Kentucky. Upon the Attorney General's request, the agency will provide additional documentation.
(C) If upon request by the person seeking inspection, the Attorney General reviews the denial and issues a written opinion upholding, in whole or in part, the request for inspections, the agency may institute proceedings within 30 days for injunctive or declaratory relief in the circuit court. In addition, if the Attorney General disallows the request, or if the city continues to withhold the record notwithstanding the Attorney General's opinion, and the person seeking disclosure institutes proceedings in circuit court, the city shall notify the Attorney General of such action.
(KRS 61.880)
§ 32.10 CONCEALING OR DESTROYING RECORDS PROHIBITED.
No official of the city shall willfully conceal or destroy any record with the intent to violate the provisions of this chapter or these rules and regulations.
§ 32.11 ACCESS TO RECORDS RELATING TO PARTICULAR INDIVIDUAL.
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 § 32.12 of these rules and regulations. (KRS 61.884)
§ 32.12 PUBLIC RECORDS PROTECTED FROM DISCLOSURE.
(A) The following public records are excluded from the application of this chapter and these rules and regulations and shall be subject to inspection only upon order of a court of competent jurisdiction:
(1) Public records containing information of a personal nature where the
public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.
(2) Records confidentially disclosed to an agency and compiled and
maintained for scientific research; the regulation of commercial
enterprises, 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 form a person, and which are generally recognized as
confidential; or for the grant or review of a license to do business.
which, 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.
(3) 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. This exemption shall
not include those records pertaining to applications to agencies for
permits or licenses necessary to do business or to expand business operations
within the state, except as provided in division (A) (2)
above.
(4) The contents of real estate appraisals or engineering or feasibility
estimates and evaluations made by or for a public agency relative to
the acquisition of property, until such time as all of the property has
been acquired. The law of eminent domain shall not be affected by this
provision.
(5) Test questions, scoring keys, and other examination data
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.
(6) 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 or by premature release of
information to be used in a prospective law enforcement action or
administrative adjudication. Unless exempted by other provisions of
this chapter, public records exempted under this provision shall be open
after enforcement action is completed or a decision is made to take no
action. The exemptions provided by this subdivision shall not be used
by the custodian of the records to delay or impede the exercise of rights
granted by this chapter.
(7) Preliminary drafts, notes, or correspondence with private individuals,
other than correspondence which is intended to give notice of final
action of a public agency.
(8) Preliminary recommendations and preliminary memoranda in which
opinions are expressed or policies formulated or recommended.
(9) All public records or information the disclosure of which is prohibited
by federal law or regulation.
(10) Public records or information the disclosure of which is prohibited or
restricted or otherwise made confidential by enactment of the
General Assembly.
(B) No exemption under this section shall be construed to deny, abridge, or impede the right of a municipal employee, an applicant for employment, or an eligible on register to inspect and copy any record, including preliminary and other supporting documentation, that relates to him. Such records shall include, but not be limited to work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, layoffs, disciplinary actions, examination scores, and preliminary and other supporting documentation. A municipal employee, applicant, or eligible shall not have the right to inspect or copy any examination. (KRS 61.878)
32.01 Definitions
Procedures for Requesting Public Records
32.05 Initial request with immediate inspection
32.06 referral to proper custodian
32.07 Public records not immediately available
32.08 Refusal of unreasonable requests
32.09 Time limitation; denial of inspection
32.10 Concealing or destroying records prohibited
32.11 Access to records relating to particular individual
32.12 Public records protected from disclosure
GENERAL PROVISIONS
§ 32.01 DEFINITIONS.
For purpose of this chapter the following words and phrased shall have the following meanings ascribed to them respectively:
"CITY" The city government of this city.
"CUSTODIAN." The official custodian or any authorized person having personal custody and control of public records of "CUSTODIAN" having personal custody of most of the public records of this city is the City Clerk-Treasurer/Tax Collector.
"OFFICIAL CUSTODIAN." The chief administrative officer or any other officer or employee 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" of this city shall be the Mayor.
"PERSON." A human being who makes a bodily appearance before the office of the custodian and makes a request for inspection of public records.
"PUBLIC AGENCY." The city governing body, and any other municipal department, board, commission, committee, subcommittee, ad hoc committee, council, or agency thereof.
"PUBLIC RECORDS." All books, papers, maps, photographs, cards, tapes, discs, diskettes, 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 nor any records that have been excluded by § 32.12.
"REASONABLE FEE" or "FEE." 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.
"REQUEST." 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 or duplication. (KRS 61.870)
PROCEDURES FOR REQUESTING PUBLIC RECORDS
§ 32.05 INITIAL REQUEST WITH IMMEDIATE INSPECTION.
(A) As defined in 32.01, and subject to the limitations set forth in § 32.12, any person desiring to inspect or copy the public records of this city shall make a request
or complete a written application for such records at the office of the City Clerk-Treasurer/Tax Collector during regular office hours, except during legal holidays. (KRS 61.872 (2))
(B) If the custodian determines that a person's request is in compliance with the open record law and the requested records are immediately available, the custodian shall deliver the records for the inspection. Suitable facilities shall be made available in the office of the City Clerk-Treasurer/Tax Collector for the inspection. No person shall remove original copies of public records form the offices of any public agency without the written permission of the official custodian of the record.
(KRS 61.872 (1))
(C) 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 § 32.01. (KRS 61.874 (1))
§ 32.06 REFERRAL TO PROPER CUSTODIAN.
If the City Clerk-Treasurer/Tax Collector does not have custody or control of the public record or records requested, the City Clerk-Treasurer/Tax Collector shall so notify the applicant and shall furnish the name and location of the custodian of the public record, if such facts are known to him. (KRS 61.872 (3))
§ 32.07 PUBLIC RECORDS NOT IMMEDIATELY AVAILABLE.
If the public record is in active 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 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 of duplication. (KRS 61.872 (4))
§ 32.08 REFUSAL OF UNREASONABLE REQUESTS.
If the application places an unreasonable burden in producing voluminous public records, or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records. However, refusal under this section must be sustained by clear and convincing evidence.
(KRS 61.872 (5))
§ 32.09 TIME LIMITATION; DENIAL OF INSPECTION.
(A) The official custodian, upon any request for records made under this chapter, shall determine within three days (excepting Saturdays, Sundays, and legal holidays)
after the receipt of any request whether to comply with the request and shall notify in writing the person making the request within the three-day period of its decision.
Any 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 shall be issued by the official custodian or under his authority and shall constitute final agency action.
(B) A copy of the written response denying inspection of a public record shall be forwarded immediately by the city to the Attorney General of the Commonwealth of Kentucky. Upon the Attorney General's request, the agency will provide additional documentation.
(C) If upon request by the person seeking inspection, the Attorney General reviews the denial and issues a written opinion upholding, in whole or in part, the request for inspections, the agency may institute proceedings within 30 days for injunctive or declaratory relief in the circuit court. In addition, if the Attorney General disallows the request, or if the city continues to withhold the record notwithstanding the Attorney General's opinion, and the person seeking disclosure institutes proceedings in circuit court, the city shall notify the Attorney General of such action.
(KRS 61.880)
§ 32.10 CONCEALING OR DESTROYING RECORDS PROHIBITED.
No official of the city shall willfully conceal or destroy any record with the intent to violate the provisions of this chapter or these rules and regulations.
§ 32.11 ACCESS TO RECORDS RELATING TO PARTICULAR INDIVIDUAL.
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 § 32.12 of these rules and regulations. (KRS 61.884)
§ 32.12 PUBLIC RECORDS PROTECTED FROM DISCLOSURE.
(A) The following public records are excluded from the application of this chapter and these rules and regulations and shall be subject to inspection only upon order of a court of competent jurisdiction:
(1) Public records containing information of a personal nature where the
public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.
(2) Records confidentially disclosed to an agency and compiled and
maintained for scientific research; the regulation of commercial
enterprises, 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 form a person, and which are generally recognized as
confidential; or for the grant or review of a license to do business.
which, 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.
(3) 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. This exemption shall
not include those records pertaining to applications to agencies for
permits or licenses necessary to do business or to expand business operations
within the state, except as provided in division (A) (2)
above.
(4) The contents of real estate appraisals or engineering or feasibility
estimates and evaluations made by or for a public agency relative to
the acquisition of property, until such time as all of the property has
been acquired. The law of eminent domain shall not be affected by this
provision.
(5) Test questions, scoring keys, and other examination data
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.
(6) 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 or by premature release of
information to be used in a prospective law enforcement action or
administrative adjudication. Unless exempted by other provisions of
this chapter, public records exempted under this provision shall be open
after enforcement action is completed or a decision is made to take no
action. The exemptions provided by this subdivision shall not be used
by the custodian of the records to delay or impede the exercise of rights
granted by this chapter.
(7) Preliminary drafts, notes, or correspondence with private individuals,
other than correspondence which is intended to give notice of final
action of a public agency.
(8) Preliminary recommendations and preliminary memoranda in which
opinions are expressed or policies formulated or recommended.
(9) All public records or information the disclosure of which is prohibited
by federal law or regulation.
(10) Public records or information the disclosure of which is prohibited or
restricted or otherwise made confidential by enactment of the
General Assembly.
(B) No exemption under this section shall be construed to deny, abridge, or impede the right of a municipal employee, an applicant for employment, or an eligible on register to inspect and copy any record, including preliminary and other supporting documentation, that relates to him. Such records shall include, but not be limited to work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, layoffs, disciplinary actions, examination scores, and preliminary and other supporting documentation. A municipal employee, applicant, or eligible shall not have the right to inspect or copy any examination. (KRS 61.878)
