Butler County maintains records of the business and operation of the
County. Those records of operation and
public information about local government service are available for inspection
by the general public. The County
Commission and Staff have always recognized and respected the public's right to
know and have acted accordingly. The
State Law concerning public access to records requires that documents and
materials which fall under the heading of "public records" shall be open for
inspection by any person unless specifically directed by the Law. Butler County will comply willingly with the
State Law and this policy will address the method for full disclosure of public
records.
The purpose of the policy is to establish guidelines to be followed in responding to requests for information from the citizens of Butler County.
1. It is hereby declared to be the policy of Butler County (Resolution 07-09) that all public records which are made, maintained or kept by or are in the possession of the County, its officers and employees, shall be open for public inspection as provided by, and subject to the restrictions imposed by, the Kansas Open Records Act (K.S.A. 45-215 to 45-230, as amended).
2. Any person, upon request, shall have access to such open public records for the purpose of inspecting, abstracting or copying such records while they are in the possession, custody and control of the appointed or designated record custodian thereof, or his or her designated representative.
3. The record custodian(s) appointed and designated pursuant to this policy shall preserve and protect all public records from damage, disorganization and theft and shall assist, in a timely and efficient manner, any person making a request for access to any open public record. Request for records, which are determined by the record custodian(s) not to be readily available, shall be made in writing on forms designated by the County Clerk. Requests for records will be acted upon no later than the third business day. Any delay in supplying a request or denial of a request shall be in writing on a form designated by the County Clerk.
4. Hours available for persons to request public records shall be made during normal business hours from 8:00 a.m. until 5:00 p.m. Monday through Friday.
5. All County offices keeping and maintaining open public records shall provide suitable facilities to be used by any person desiring to inspect and/or copy any open public record. The office of the County Clerk, being the principal record keeper of the County, shall be designated as the principal office for providing access to and providing copies of open public records to the maximum extent practicable. The County Clerk may designate other persons as a custodian of records for access to records under their control. Requesters of records shall be referred to the office of the County Clerk except when the requested records are not in that office and are available in another County office.
6. Any person requesting access to an open public record for purposes of inspecting or copying such record, or obtaining a copy thereof, shall abide by the procedures adopted by the County Commission for record inspection and copying, including those procedures established by record custodians as authorized by the County Commission.
7. The County may refuse to provide access to a public record, or to permit inspection, if a request places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency. However, refusal under this subsection must be sustained by preponderance of the evidence. {K.S.A. 45-218 (e)}
8. Any fees for record inspection or for copies are due at the time the records, or copy thereof, are provided to the requester, unless the record custodian has asked that prepayment of all or part of such fees are made. Fees are to be paid to the record custodian.
9. The record custodian shall notify the record requester, prior to commencing search of the record or copies thereof, of his or her estimate of the fee, which will be made for honoring the request whenever such estimate exceeds $10.00.
10. No record inspection or copying charge shall be assessed against officers or employees of Butler County who make requests, which are reasonably necessary to the performance of their official duties.
11. The Kansas Open Records Act recognizes that some records contain information, which is private in nature. For this reason, the Act lists a number of exemptions. Records which are protected for this reason may include, but not be limited to:
Charges for copying public records shall be assessed at the following rate:
A. Copies reproduced by means of photocopying shall be charged a fee of twenty-five cents ($.25) per page.
B. Special copies or reports shall be assessed a charge on the following schedule:
A. 8 x 10 black and white photo $4.00
B. If print (2) 5x7 on 8x10 paper $4.00
C. If print (4) 3x5 on 8x10 paper $4.00
D. If photo through photo company (color) $1.50 to process, $.38 to print
E. Computer disks (CD's) $25.00
F. Photo disk $25.00
G. Copy of video tape $50.00
H. CD Copies of radio traffic $25.00 per hour and $25.00 for the CD
I. Reprints from a Polaroid (photos) $5.00 each
J. Taking of Fingerprints $10.00
K. Copy of drivers license (DL) print out for insurance company only (request on letter head paper only) $7.00
L. Copies from photo disk (1) 8x10 sheet $5.00, photo paper $10.00, and plain paper $5.00
M. Photos $.38 each plus $1.50 a roll if pictures are 3x5 or 4x6
N. Cassette tape $25.00 each
O. Standard Traffic Ordinance $6.50
P. ICS Sheets - $1.00 Per Parcel
Q. Renditions - $1.00 Per taxpayer ID
R. CAMA Reports $20 per hour with a 1/2 hour minimum.