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HomeMy WebLinkAboutOrdinance No. 3381-2023KENAI CITY OF KENAI ORDINANCE NO. 3381-2023 Sponsored by: Baisden AN ORDINANCE REPEALING KENAI MUNICIPAL CODE APPENDICES - PUBLIC RECORD INSPECTION REGULATIONS, REPEALING KENAI MUNICIPAL CODE CHAPTER 10.40 - RELEASE OF PUBLIC RECORDS AND RE-ENACTING KENAI MUNICIPAL CODE 10.40 - ACCESS TO PUBLIC RECORDS. WHEREAS, access to public records regarding the operations of government allows citizens the opportunity to review the activities of their government; and, WHEREAS, certain records may be exempted from disclosure as provided by state or federal law or regulation; and, WHEREAS, the number of record requests processed by the City continues to increase annually; and, WHEREAS, it is important to provide access to public records while balancing City resources; and, WHEREAS, there are currently two separate parts of Kenai Municipal Code establishing the laws and regulations for access to public records; and, WHEREAS, locating the applicable laws and regulations related to access to public records in one municipal code title provides clarity for the public and administration; and, WHEREAS, it is in the best interest of the City and the public to clearly define the procedures for requests and responses to request for records in the custody of the city. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Repeal of Public Records Inspection Regulations Appendices of Kenai Municipal Code: That Kenai Municipal Code Appendices - Public Record Inspection Regulations is hereby repealed in its entirety as follows: [1. FEES. 1.01 COPIES. THE FEE FOR COPYING PUBLIC RECORDS INCLUDING PAPER DOCUMENTS, AUDIO RECORDINGS, CASSETTES, AND COMPACT DISCS SHALL BE A PER COPY FEE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. THE FIRST TEN (10) COPIES OF PAPER DOCUMENTS ARE FREE. 1.02 CERTIFIED COPIES. THE FEE FOR A CERTIFIED COPY OF A DOCUMENT WILL BE THE CITY'S STANDARD CERTIFICATION FEE, PLUS THE STANDARD COPYING FEE, BOTH AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. ONLY THE CITY CLERK OR DEPUTY CITY CLERK WILL CERTIFY DOCUMENTS. 1.03 PRODUCTION FEE. IF THE PRODUCTION OF RECORDS FOR ONE REQUESTOR IN A CALENDAR MONTH EXCEEDS FIVE (5) PERSON HOURS, THE REQUESTOR MUST PAY A PRODUCTION FEE. THE PRODUCTION FEE WILL BE THE CITY EMPLOYEE'S New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 2 of 14 ACTUAL SALARY, PLUS BENEFIT COSTS, FOR THE TIME REQUIRED OVER FIVE (5) HOURS DURING THE MONTH TO SEARCH, REVIEW, AND COPY THE RECORDS. IF MULTIPLE CITY EMPLOYEES COMPILE THE REQUESTED RECORDS, A COMPOSITE HOURLY RATE FOR ALL EMPLOYEES INVOLVED WILL BE DETERMINED AND A CREDIT FOR FIVE (5) HOURS AT THAT RATE WILL BE APPLIED. THE PRODUCTION FEE WILL BE IN ADDITION TO THE STANDARD COPYING FEE. EXAMPLE OF COMPOSITE RATE CALCULATION IS: EMPLOYEE A 15 HOURS $50/HOUR = $750.00 EMPLOYEE B 4 HOURS $75/HOUR = $ 300.00 EMPLOYEE C 2 HOURS @ $35/HOUR = $ 70.00 TOTALS 21 HOURS $1,120.00 $1,120 _ 21 (TOTAL HOURS) = $53.33 (COMPOSITE RATE) $1,120 - ($53.33 X 5 FREE HOURS) = $ 853.35 TO BE PAID BY FOIA REQUESTOR 1.04 ESTIMATE AND ADVANCE PAYMENT. IF A PRODUCTION FEE IS REQUIRED OR ANTICIPATED UNDER SECTION 1.03, THE CITY STAFF WILL PREPARE AN ESTIMATE OF THE PRODUCTION FEE AND COPYING FEE THAT ARE EXPECTED TO RESULT FROM PRODUCING THE REQUESTED RECORDS. THE REQUESTOR MUST DEPOSIT THE ESTIMATED PRODUCTION AND COPYING FEES IN ADVANCE OF THE SEARCH. IF THE ACTUAL PRODUCTION AND COPYING FEES ARE LESS THAN THE ESTIMATE, THE REQUESTOR WILL BE GIVEN A REFUND OF THE DIFFERENCE. IF THE ACTUAL PRODUCTION AND COPYING FEES ARE GREATER THAN THE ESTIMATE, THE RECORDS WILL NOT BE RELEASED TO THE REQUESTOR UNTIL THE REQUESTOR PAYS THE DIFFERENCE. 1.06 INSPECTION ONLY. THERE WILL BE NO FEE FOR SIMPLE INSPECTION OF RECORDS, EXCEPT WHEN THE PRODUCTION OF THE RECORDS FOR INSPECTION BY ONE REQUESTOR IN A CALENDAR MONTH EXCEEDS FIVE (5) PERSON -HOURS. IN THAT CASE, THE REQUESTOR WILL BE REQUIRED TO PAY THE PRODUCTION FEE AS DESCRIBED IN SECTION 1.03. 1.06 INDIGENCY. IF A PERSON IS UNABLE TO PAY A FEE, AND SIGNS AN AFFIDAVIT TO THE EFFECT THAT HE OR SHE IS INDIGENT, THEN THE CITY CLERK WILL WAIVE THE COPYING FEE AND PRODUCTION FEE, EXCEPT WHEN THE CITY CLERK, BASED UPON RELIABLE INFORMATION, DETERMINES THE AFFIDAVIT OF INDIGENCY IS MADE IN BAD FAITH OR FRAUDULENTLY. ANNUAL INCOME AS A PERCENT OF CURRENT HEALTH AND HUMAN PERCENT OF SERVICES (HHS) POVERTY GUIDELINES FEE REDUCED FOR ALASKA 1-100% 100% WAIVER 101-149% 1 75% WAIVER 150-174% 1 50% WAIVER 175-199% 1 25% WAIVER 200% PLUS NO WAIVER New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 3 of 14 AN APPLICATION FOR INDIGENCY MAYBE FILED WITH THE CITY CLERK FOR WAIVING OR PARTIALLY WAIVING THE COSTS OF RECORD REPRODUCTION. THE CITY CLERK MAY ALLOW AN APPLICANT, WHO QUALIFIES AS AN INDIGENT, A REDUCED RECORD REPRODUCTION FEE, A PAYMENT PLAN OR A WAIVER OF THE FILING FEE WHERE THE CITY CLERK IS ABLE TO MAKE A WRITTEN FINDING, BASED ON INFORMATION PROVIDED BY THE APPLICANT THAT PAYMENT OF THE RECORD REPRODUCTION FEE WOULD BE A FINANCIAL HARDSHIP. BASED UPON THE INFORMATION PROVIDED, THE FEE MAY BE REDUCED OR WAIVED IN ACCORDANCE WITH THE ABOVE SCALE. AS REQUIRED BY AS 40.25.110, ANY FEE WAIVER OR REDUCTION MUST BE UNIFORMLY APPLIED TO PERSONS WHO ARE SIMILARLY SITUATED. 2. REQUIREMENTS FOR PUBLIC RECORD REQUESTS —APPROVALS AND DENIALS. 2.01 CITY CLERK APPROVAL. ACCORDING TO KENAI MUNICIPAL CODE, CHAPTER 10.40, ALL REQUESTS FOR PUBLIC INFORMATION OR RECORDS ARE TO BE APPROVED BY THE CITY CLERK, AFTER CONSULTATION WITH THE CITY MANAGER AND CITY ATTORNEY. (SEE REGULATION 5.01.) THE CITY CLERK, OR DESIGNEE, WILL, CONSISTENT WITH THE ORDERLY CONDUCT OF CITY BUSINESS, MAKE A GOOD FAITH AND DILIGENT EFFORT TO PROVIDE A RAPID AND INTELLIGIBLE RESPONSE TO REQUESTS FOR INSPECTION OF RECORDS. 2.02 ROUTINE REQUESTS. ROUTINE REQUESTS FOR INSPECTION OR COPYING OF RECORDS MAY BE APPROVED (BUT NOT DENIED) AND RESPONDED TO BY THE CITY CLERK, DEPUTY CITY CLERK, OR THE DEPARTMENT HEAD OF THE DEPARTMENT IN WHICH THE RECORDS ARE LOCATED. THEY MAY ACT AS THE CITY CLERK'S DESIGNEE FOR THE APPROVAL OF ROUTINE REQUESTS. FOR PURPOSES OF THESE REGULATIONS, A ROUTINE REQUEST IS A REQUEST FOR RECORDS THAT ARE CLEARLY TO BE MADE AVAILABLE TO THE PUBLIC, AND WHICH CAN BE RESPONDED TO QUICKLY WITHOUT A SUBSTANTIAL AMOUNT OF EFFORT OR TIME BY THE CITY STAFF. ROUTINE REQUESTS MAY BE SUBMITTED ORALLY OR IN WRITING. 2.03 NON -ROUTINE REQUESTS. NON -ROUTINE REQUESTS FOR INSPECTION OR COPYING OF RECORDS MUST BE MADE IN WRITING AND REFERRED TO THE CITY CLERK FOR APPROVAL OR DISAPPROVAL. NON -ROUTINE REQUESTS INCLUDE, BUT ARE NOT LIMITED TO, REQUESTS FOR RECORDS THAT ARE OR MIGHT BE EXEMPT FROM DISCLOSURE, REQUESTS THAT WILL OR MIGHT BE DENIED FOR ANY REASON, REQUESTS THAT WILL TAKE MORE THAN ONE (1) PERSON - HOUR OF STAFF TIME TO RESPOND, AND REQUESTS FROM A PERSON INVOLVED IN LITIGATION WITH THE CITY. 2.04 AGGREGATION OF CERTAIN REQUESTS. IF THE CITY CLERK, BASED ON RELIABLE INFORMATION, AFTER CONSULTATION WITH THE CITY ATTORNEY, DETERMINES ONE (1) OR MORE INDIVIDUALS HAVE MADE ONE (1) OR MORE REQUESTS FOR PUBLIC RECORDS ON BEHALF OF ANOTHER PERSON OR GROUP FOR THE PURPOSE OF DIVIDING A REQUEST INTO SMALLER PARTS TO AVOID THE PAYMENT OF A PRODUCTION FEE (FOR PRODUCTION OF RECORDS REQUIRING MORE THAN FIVE (5) PERSON -HOURS OF STAFF TIME PER MONTH), THE CITY CLERK WILL AGGREGATE ALL SUCH REQUESTS AND TREAT THEM AS ONE (1) REQUEST MADE BY PERSON. 2.06 BAD FAITH AFFIDAVIT OF INDIGENCY. IF THE CITY CLERK, BASED ON RELIABLE INFORMATION, AFTER CONSULTATION WITH THE CITY ATTORNEY, DETERMINES A PERSON HAS MADE AN AFFIDAVIT OF INDIGENCY IN BAD FAITH OR FRAUDULENTLY FOR THE PURPOSE OF AVOIDING PAYMENT OF PRODUCTION, COPYING, OR OTHER FEES, THE CITY CLERK WILL DENY THE WAIVER OF THE FEES. 2.06 HARASSMENT REQUEST. IF THE CITY CLERK, IN GOOD FAITH, AFTER CONSULTATION WITH THE CITY ATTORNEY, REASONABLY DETERMINES A REQUEST FOR COPIES OR INSPECTION OF RECORDS IS NOT MADE IN GOOD FAITH, AND IS MADE FOR THE PURPOSE OF HARASSMENT OF THE CITY OR CITY OFFICIALS, OR TO PURPOSELY INTERFERE WITH THE ORDERLY CONDUCT OF CITY BUSINESS, THE CITY CLERK WILL DENY THE REQUEST. SUCH A DETERMINATION New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 4 of 14 WILL BE MADE ONLY AFTER NOTICE AND AN OPPORTUNITY FOR THE REQUESTOR TO BE HEARD BY THE CITY CLERK. 2.07 DESCRIPTION OF RECORDS REQUESTED. A REQUESTOR MUST DESCRIBE THE RECORDS SOUGHT IN SUFFICIENT DETAIL TO ENABLE THE CITY TO LOCATE AND IDENTIFY THE RECORDS SOUGHT. -IF THE RECORDS ARE DESCRIBED BY THE REQUESTOR IN GENERAL TERMS, THE CITY STAFF SHALL ATTEMPT TO COMMUNICATE WITH THE REQUESTOR TO IDENTIFY THE RECORDS REQUESTED AND LESSEN THE ADMINISTRATIVE BURDEN OF PROCESSING AN OVERLY BROAD REQUEST. IF THE REQUEST IS NOT SUFFICIENT TO ALLOW THE STAFF TO IDENTIFY THE REQUESTED RECORDS, THE REQUESTOR SHALL BE NOTIFIED PROMPTLY BY THE CITY CLERK, THE REQUEST CANNOT BE APPROVED OR PROCESSED UNTIL A SUFFICIENT DESCRIPTION OF THE RECORD IS RECEIVED. 3. TIME AND PLACE OF INSPECTION. 3.01 ROUTINE REQUESTS. A ROUTINE REQUEST FOR RECORDS WILL BE RESPONDED TO PROMPTLY AT THE OFFICE WHERE THE RECORDS ARE KEPT, OR ANOTHER CITY OFFICE IF MORE CONVENIENT TO THE CITY, DURING BUSINESS HOURS AT A TIME THAT DOES NOT INTERFERE WITH THE ORDERLY CONDUCT OF CITY BUSINESS. IF THE RECORDS CANNOT BE PRODUCED WITHIN FIVE (5) WORKING DAYS, THE REQUESTOR WILL BE ADVISED. 3.02 NON -ROUTINE REQUESTS. RECORDS IN RESPONSE TO AN APPROVED NON -ROUTINE REQUEST WILL BE MADE AVAILABLE FOR INSPECTION OR COPYING AT CITY HALL, UNDER THE DIRECTION OF THE CITY CLERK OR THE CITY CLERKS DESIGNEE. FOR THE CONVENIENCE OF THE CITY, THE CITY CLERK MAY DESIGNATE AN INSPECTION LOCATION ELSEWHERE IN THE CITY. THE TIME FOR INSPECTION WILL BE DURING BUSINESS HOURS. THE CITY CLERK WILL ADVISE THE REQUESTOR OF THE SPECIFIC TIME AND DATE ON WHICH THE INSPECTION MAY OCCUR. IF, AND TO THE EXTENT NECESSARY TO MAINTAIN THE ORDERLY CONDUCT OF CITY BUSINESS, THE CITY CLERK MAY LIMIT THE DAYS AND HOURS WHEN INSPECTION AND COPYING OF PUBLIC RECORDS MAY OCCUR. 3.03 LARGE REQUESTS. IF A REQUEST IS MADE FOR INSPECTION OR COPYING OF A LARGE VOLUME OF PUBLIC RECORDS, THE CITY CLERK, AFTER CONSULTATION WITH THE CITY ATTORNEY, MAY REQUIRE THE REQUESTOR TO MAKE A WRITTEN DESIGNATION OF THE ORDER IN WHICH THE REQUESTOR WANTS THE RECORDS PRODUCED. WHEN SUCH ORDER IS DESIGNATED BY THE REQUESTOR, THE CITY WILL ATTEMPT TO PRODUCE THE RECORDS IN THAT ORDER. REQUESTS FOR INSPECTION OR COPYING OF A LARGE VOLUME OF PUBLIC RECORDS, OR REQUESTS THAT WILL REQUIRE THE CITY TO SEARCH OR REVIEW A LARGE VOLUME OF PUBLIC RECORDS, WILL BE RESPONDED AS CITY STAFF TIME PERMITS. THE ORDERLY CONDUCT OF CITY BUSINESS WILL NOT BE INTERRUPTED TO MAKE FAST RESPONSE TO SUCH A REQUEST. IT IS REASONABLE THE MAKER OF SUCH A LARGE REQUEST SHOULD EXPECTAN EXTENDED TIME FOR RESPONSE. THE CITY CLERK WILL ADVISE THE REQUESTOR OF THE ESTIMATED TIME IN WHICH THE RESPONSE WILL BE MADE. 4. FORM OF RECORDS PRODUCED. 4.01 FORM OF RECORDS. THE RECORDS OF THE CITY WILL NORMALLY BE MADE AVAILABLE FOR INSPECTION OR COPYING IN THE FORMAT IN WHICH THE CITY MAINTAINS OR DISSEMINATES THE RECORDS. EXACT REPRODUCTION IS NOT REQUIRED, BUT ANY ALTERATION OF THE FORM OR MEDIUM OF PUBLIC RECORDS MUST NOT CHANGE THE SUBSTANTIVE CONTENT OF THE INFORMATION, AND IF THE ACTUAL CONTENT IS CHANGED, THE NATURE OF THE CHANGE AND THE REASON FOR THE CHANGE WILL BE COMMUNICATED TO THE REQUESTOR. 4.02 SUMMARIZATION OR MANIPULATION OF RECORDS. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 5 of 14 THE CITY IS NOT REQUIRED TO COMPILE OR SUMMARIZE ITS RECORDS IN RESPONSE TO A REQUEST FOR INFORMATION. THE CITY IS NOT REQUIRED TO MANIPULATE ITS DATA TO CREATE NEW RECORDS IN RESPONSE TO A REQUEST FOR INFORMATION. 4.03 PARTIALLY DISCLOSABLE RECORDS. IF PUBLIC RECORDS CONTAIN INFORMATION THAT IS DISCLOSABLE IN PART AND NON-DISCLOSABLE IN PART, THE NON-DISCLOSABLE INFORMATION SHALL BE REMOVED PRIOR TO DISCLOSURE. 5. WRITTEN DETERMINATIONS AND APPEALS. 5.01 WRITTEN RESPONSE. IF THE CITY CLERK, AFTER CONSULTATION WITH THE CITY ATTORNEY AND CITY MANAGER, MAKES AN ADVERSE DETERMINATION, IN WHOLE OR IN PART, TO A WRITTEN PUBLIC RECORDS REQUEST, THE CITY CLERK WILL PROVIDE A WRITTEN RESPONSE SETTING FORTH THE ADVERSE DETERMINATION. IT WILL INCLUDE A DESCRIPTION OF THE RECORDS REQUESTED, A DESCRIPTION OF THE RECORDS THAT WILL NOT BE PROVIDED, AND THE REASONS FOR THE ADVERSE DETERMINATION, INCLUDING REFERENCE TO PROVISIONS OF LAW OR REGULATIONS, FACTS, AND OTHER INFORMATION RELIED UPON. THE CITY CLERK'S WRITTEN RESPONSE WILL ALSO INCLUDE A NOTICE THE REQUESTOR HAS A RIGHT TO APPEAL TO THE CITY COUNCIL. 5.02 RESPONSE TO ORAL REQUESTS. ORAL REQUESTS MAY BE ACCEPTED FOR A ROUTINE REQUEST. ORAL REQUESTS FOR RECORDS WILL NOT BE ACCEPTED FOR A NON -ROUTINE REQUEST OR RECEIVE A WRITTEN RESPONSE FROM THE CITY CLERK UNLESS THE REQUESTOR IS UNABLE TO MAKE A WRITTEN REQUEST BECAUSE OF INABILITY TO WRITE OR BECAUSE OF MENTAL OR PHYSICAL DISABILITY. IN THAT CASE, THE CITY STAFF WILL ASSIST THE REQUESTOR IN MAKING A REQUEST THAT WILL BE RESPONDED TO AND TREATED AS A WRITTEN REQUEST FOR ALL PURPOSES UNDER THESE REGULATIONS. 5.03 WHEN NO RESPONSE IS DEEMED DENIAL. IF THE REQUESTOR RECEIVES NO RESPONSE TO A WRITTEN REQUEST FOR RECORDS WITHIN FIVE (5) WORKING DAYS OF MAKING THAT REQUEST, THE REQUESTOR MAY FILE WITH THE CITY CLERK A WRITTEN DEMAND FOR A WRITTEN RESPONSE. IF THE CITY CLERK DOES NOT GIVE A WRITTEN RESPONSE TO THAT DEMAND WITHIN THREE (3) WORKING DAYS OF THE CITY CLERK'S RECEIPT OF THE DEMAND, THE REQUEST FOR RECORDS WILL BE DEEMED DENIED. 5.04 APPEAL TO CITY COUNCIL. A DENIAL, IN WHOLE OR IN PART, A DEEMED DENIAL, OR ANY ADVERSE WRITTEN DETERMINATION BY THE CITY CLERK IN RESPONSE TO A WRITTEN REQUEST FOR PUBLIC RECORDS MAY BE APPEALED BY THE REQUESTOR TO THE CITY COUNCIL. AN APPEAL MUST BE FILED IN WRITING AT THE OFFICE OF THE CITY CLERK WITHIN THIRTY (30) DAYS OF THE DATE THE DECISION WAS MAILED TO THE REQUESTOR. THE CITY COUNCIL WILL HEAR THE APPEAL AND ISSUE A WRITTEN DECISION WITHIN THIRTY (30) DAYS OF THE DATE THE APPEAL WAS FILED AT THE OFFICE OF THE CITY CLERK. THERE SHALL BE NO FILING FEE FOR THE APPEAL TO THE CITY COUNCIL. 5.05 APPEAL TO SUPERIOR COURT. A FINAL DECISION OF THE CITY COUNCIL ON AN APPEAL FROM A DECISION OF THE CITY CLERK MAY BE FURTHER APPEALED TO THE SUPERIOR COURT. SUCH AN APPEAL MUST BE MADE UNDER THE COURT RULES OF PROCEDURE GOVERNING APPEALS TO THE SUPERIOR COURT.] Section 2. Reveal of Section 10.40 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 10.40 - Release of Public Records is hereby repealed in its entirety as follows: [CHAPTER 10.40 RELEASE OF PUBLIC RECORDS New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 6 of 14 10.40.010 INTENT. IT IS THE INTENTION OF THE CITY TO PROVIDE ACCESS OF THE PUBLIC TO MUNICIPAL RECORDS AND INFORMATION CONSISTENT WITH THE ALASKA PUBLIC RECORDS ACT, SO THAT THE PEOPLE OF THE CITY MAY BE WELL INFORMED AT ALL TIMES AS TO MUNICIPAL BUSINESS. WITH THE EXCEPTION OF THE SPECIFIC EXEMPTIONS SET FORTH UNDER SECTION 10.40.040, ALL INFORMATION AND RECORDS IN THE CONTROL OF THE MUNICIPALITY SHALL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST. 10.40.020 DEFINITIONS. FOR THE PURPOSES OF THIS CHAPTER: (A) "MUNICIPAL AGENCY" MEANS ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR PRIVATE CONTRACTOR, OF THE CITY, WHICH HAS CUSTODY OF PUBLIC RECORDS AS DEFINED IN THIS CHAPTER. (B) "PUBLIC RECORDS" MEAN BOOKS, PAPERS, FILES, ACCOUNTS, WRITINGS, INCLUDING DRAFTS AND MEMORIALIZATIONS OF CONVERSATIONS, AND OTHER ITEMS, REGARDLESS OF FORMAT OR PHYSICAL CHARACTERISTICS, THAT ARE DEVELOPED OR RECEIVED BY THE CITY OR A MUNICIPAL AGENCY AND THAT ARE PRESERVED FOR THEIR INFORMATIONAL VALUE OR AS EVIDENCE OF THE ORGANIZATION OR OPERATION OF THE CITY; "PUBLIC RECORDS" DOES NOT INCLUDE PROPRIETARY SOFTWARE PROGRAMS. 10.40.030 INFORMATION AVAILABLE TO THE PUBLIC. EXCEPT AS PROVIDED BY SECTION 10.40.040, OR BY OTHER PROVISIONS OF MUNICIPAL, STATE OR FEDERAL LAW, ALL PUBLIC RECORDS SHALL BE OPEN TO INSPECTION BY ANY PERSON SUBJECT TO REGULATIONS REGARDING THE TIME, PLACE AND MANNER OF INSPECTION WHICH MAY BE ADOPTED BY THE CITY COUNCIL PURSUANT TO SECTION 10.40.050. DOCUMENTS ARE NOT REQUIRED TO BE CREATED IN ORDER TO COMPLY WITH AN INFORMATION REQUEST, BUT WILL BE PROVIDED FROM DOCUMENTS/INFORMATION THAT ALREADY EXISTS. THE TYPES OF RECORDS AND INFORMATION OPEN TO PUBLIC INSPECTION PURSUANT TO THIS CHAPTER SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING: (A) FINANCIAL AND OPERATIONAL COST INFORMATION, INCLUDING INFORMATION AS TO REVENUES, EXPENDITURES, INDEBTEDNESS, FORMAL DEPARTMENTAL RECOMMENDATIONS IN REGARD TO PROJECT PRIORITY, AND AFTER BUDGET FINALIZATION, DEPARTMENT BUDGET REQUESTS; (B) INFORMATION RELATING TO CONTRACTS TO WHICH THE MUNICIPALITY IS A PARTY, INCLUDING PAYMENT PROVISIONS, INFORMATION RELATING TO BIDS AND REQUESTS FOR PROPOSALS RECEIVED OR SOLICITED BY THE MUNICIPALITY, AND INFORMATION RELATING TO THE STATUS OF GOODS OR SERVICES FURNISHED PURSUANT TO CONTRACT; (C) REGULATORY, FINANCIAL ASSESSMENT AND TAX INFORMATION CONCERNING REAL PROPERTY LOCATED WITHIN THE MUNICIPALITY; (D) COMPENSATION LEVELS AND FRINGE BENEFITS ACCORDED MUNICIPAL OFFICERS AND EMPLOYEES BY LAW, INCLUDING INFORMATION IN REGARD TO THE PAY RANGE AND STEP GRADE OF AN EMPLOYEE OR OFFICER AND STATISTICAL ANALYSES OR COMPILATIONS RELATING TO MUNICIPAL PRACTICES AND POLICIES CONCERNING COMPENSATION FOR VARIOUS OCCUPATIONAL GROUPS, DEPARTMENTS AND DIVISIONS; (E) STATISTICAL INFORMATION AND ANALYSES CONCERNING CASE LOADS, NUMBERS AND CATEGORIES OF PERSONS FOR WHOM SERVICES WERE PERFORMED OR TREATMENT PROVIDED, RESULTS ACHIEVED AND PER PATIENT AND PER UNIT COST; AND (F) FEASIBILITY, MANAGEMENT, COST EFFECTIVENESS AND SIMILAR REPORTS PREPARED BY THE MUNICIPALITY WITH MUNICIPAL MONEYS. THE FOREGOING ENUMERATION OF INFORMATION AVAILABLE FOR PUBLIC INSPECTION IS NOT DESIGNED TO LIMIT THE CATEGORIES OF RECORDS AND INFORMATION THAT SHALL BE MADE AVAILABLE TO THE PUBLIC PURSUANT TO THIS CHAPTER. THE POLICY OF PROVIDING PUBLIC ACCESS TO PUBLIC INFORMATION SHALL BE BROADLY AND LIBERALLY CONSTRUED. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 7 of 14 10.40.040 RECORDS EXEMPTED. THE CITY SHALL NOT BE REQUIRED TO RELEASE OR DISCLOSE THE FOLLOWING DOCUMENTS OR RECORDS: (A) COMMUNICATIONS OF ANY KIND BETWEEN THE MUNICIPAL ATTORNEY AND OFFICERS OR EMPLOYEES OF THE CITY, OR ANY OTHER INDIVIDUAL, FIRM OR CORPORATION CONTAINING A LEGAL OPINION, MEMORANDUM OR OTHER DISCLOSURE OR INFORMATION PERTAINING TO ANY MATTER THEN IN LITIGATION OR WHERE LITIGATION MAY BE REASONABLY ANTICIPATED. THIS EXEMPTION DOES NOT EXTEND, HOWEVER, TO ANY DOCUMENTS, RECORDS OR OTHER WRITTEN COMMUNICATION THAT MAY HAVE BEEN MADE PUBLIC PRIOR TO THE COMMENCEMENT OF LITIGATION AND PUBLIC RECORDS WHICH MUST OTHERWISE BE DISCLOSED CANNOT BE WITHHELD ON THE GROUNDS THAT THEY HAVE BEEN SUBMITTED TO THE MUNICIPAL ATTORNEY; (B) ALL PERSONNEL RECORDS OF CITY OFFICERS AND EMPLOYEES, INCLUDING, WITHOUT LIMITATION, EMPLOYMENT APPLICATIONS, EXAMINATION MATERIALS, AND PERFORMANCE EVALUATIONS, RECORDS THAT REVEAL MEDICAL INFORMATION ABOUT ANY SPECIFIC INDIVIDUAL; RECORDS THAT REVEAL THE PERSONAL, INTIMATE, OR PRIVATE LIFE OF AN INDIVIDUAL; AND, IN ADDITION, ANY RECORD THE DISCLOSURE OF WHICH WOULD CONSTITUTE AN UNWARRANTED INVASION OF PRIVACY; BUT THIS SUBJECTION DOES NOT PROTECT FROM DISCLOSURE THE FOLLOWING: (1) EMPLOYMENT APPLICATIONS OF CITY OFFICIALS APPOINTED BY THE CITY COUNCIL, (2) EMPLOYMENT APPLICATIONS OF THE DIRECTOR OF EACH DEPARTMENT OF THE CITY, (3) PERFORMANCE EVALUATIONS OF CITY OFFICIALS APPOINTED BY THE CITY COUNCIL TO THE EXTENT THE PERFORMANCE EVALUATIONS RELATE TO THE INDIVIDUAL'S JOB PERFORMANCE AND DO NOT IMPUGN AN INDIVIDUAL'S HONESTY, INTEGRITY, OR MORALITY OUTSIDE OF PROFESSIONAL LIFE, (4) THE NAMES AND POSITION TITLES OF ALL CITY EMPLOYEES, (5) THE CURRENT AND PRIOR POSITIONS HELD BY A CITY EMPLOYEE, (6) THE DATES OF APPOINTMENT AND SEPARATION OF A CITY EMPLOYEE, AND (7) THE RECORDS DESCRIBED IN SECTION 10.40.030(D). IN THE EVENT OF A REQUEST FOR DISCLOSURE OF ITEMS DESCRIBED IN SUBPARTS 1, 2, AND 3 OF THIS SUBSECTION, THE CITY MANAGER, CITY OFFICIALS AND DIRECTORS WILL BE NOTIFIED AT LEAST TWO (2) DAYS PRIOR TO RELEASE OF SUCH RECORDS AND MAY APPEAL THE DECISION UNDER KMC 10.40.060. (C) RECORDS OR INFORMATION COMPILED FOR LAW ENFORCEMENT PURPOSES, BUT ONLY TO THE EXTENT THE PRODUCTION OF THE LAW ENFORCEMENT RECORDS OR INFORMATION: (1) COULD REASONABLY BE EXPECTED TO INTERFERE WITH ENFORCEMENT PROCEEDINGS, (2) WOULD DEPRIVE A PERSON OF A RIGHT TO A FAIR TRIAL OR AN IMPARTIAL ADJUDICATION, (3) COULD REASONABLY BE EXPECTED TO CONSTITUTE AN UNWARRANTED INVASION OF THE PERSONAL PRIVACY OF SUSPECT, DEFENDANT, VICTIM, OR WITNESS, (4) COULD REASONABLY BE EXPECTED TO DISCLOSE THE IDENTITY OF A CONFIDENTIAL SOURCE, (5) WOULD DISCLOSE CONFIDENTIAL TECHNIQUES AND PROCEDURES FOR LAW ENFORCEMENT INVESTIGATIONS OR PROSECUTIONS, (6) WOULD DISCLOSE GUIDELINES FOR LAW ENFORCEMENT INVESTIGATIONS OR PROSECUTIONS IF THE DISCLOSURE COULD REASONABLY BE EXPECTED TO RISK CIRCUMVENTION OF THE LAW, OR (7) COULD REASONABLY BE EXPECTED TO ENDANGER THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL; (D) INFORMATION SUCH AS NAME, ADDRESS, ETC., THAT WOULD IDENTIFY COMPLAINANTS IN ACTIONS TO ENFORCE ANY CITY REGULATION OR ORDINANCE, EXCEPT AS SUCH DISCLOSURE MAY BECOME NECESSARY TO A FAIR AND JUST DISPOSITION OF THE ENFORCEMENT PROCEEDING; New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 8 of 14 (E) RECORDS HELD BY THE CITY CONCERNING ANY CUSTOMER USING MUNICIPAL SERVICES, RELEASE OF WHICH WOULD BE UNWARRANTED INVASION OF PRIVACY; (F) ENGINEERING OR OTHER TECHNICAL SPECIFICATIONS OR DATA WHICH MIGHT PROVIDE A COMPETITIVE ADVANTAGE TO ANY PERSON, FIRM, OR CORPORATION ENGAGED OR POTENTIALLY TO BE ENGAGED IN MUNICIPAL BUSINESS; (G) INFORMATION OBTAINED BY AND IN THE CUSTODY OF INSURANCE CARRIERS INSURING THE MUNICIPALITY AND THEIR ATTORNEYS AND AGENTS REGARDING POSSIBLE AND PENDING CLAIMS AGAINST THE MUNICIPALITY; (H) MEDICAL AND RELATED PUBLIC HEALTH RECORDS; (1) RECORDS PERTAINING TO JUVENILES UNLESS DISCLOSURE IS AUTHORIZED BY LAW; (J) RECORDS REQUIRED TO BE KEPT CONFIDENTIAL BY LAW; (K) ANY RECORD, NONDISCLOSURE OF WHICH IS AUTHORIZED BY A VALID ALASKA OR FEDERAL STATUTE OR REGULATION, OR BY A PRIVILEGE, EXEMPTION, OR PRINCIPLE RECOGNIZED BY THE COURTS, OR BY A PROTECTIVE ORDER AUTHORIZED BY LAW; AND (L) SALES TAX INFORMATION EXCLUDED FROM DISCLOSURE BY KPB 5.18.040 AS AMENDED. 10.40.060 REGULATION OF TIME, PLACE AND MANNER OF INSPECTION OF PUBLIC RECORDS. THE CITY COUNCIL SHALL ADOPT REGULATIONS AS TO THE TIME, PLACE, AND MANNER OF INSPECTION OF PUBLIC RECORDS HELD BY THE MUNICIPALITY. SUCH REGULATIONS MAY ALSO PROVIDE: (A) THAT A FEE MAY BE REQUIRED. THE FEE SHALL NOT EXCEED THE ACTUAL COST TO PRODUCE THE INFORMATION REQUESTED. IN THE EVENT THE PERSON IS UNABLE TO PAY ANY REQUESTED FEE, AND SIGNS AN AFFIDAVITTO THE EFFECT THAT HE OR SHE IS INDIGENT, THERE WILL BE NO COST TO THE ABOVE - DESCRIBED PERSON. SEE APPENDIX, PUBLIC RECORD INSPECTIONS REGULATIONS, SECTION 1.06. (B) THE FORM IN WHICH THE SPECIFIC DOCUMENTS SHALL BE MADE AVAILABLE. DOCUMENTS NEED NOT BE REPRODUCED IN THE EXACT FORM OR MEDIUM IN WHICH THEY ARE STORED. HOWEVER, ANY ALTERATION OF THE FORM OR MEDIUM OF PUBLIC RECORD SHALL NOT CHANGE THE SUBSTANTIVE CONTENT OF THE INFORMATION CONTAINED IN THE PUBLIC RECORD. WHEN THE ACTUAL CONTENT IS CHANGED, THE NATURE OF THE CHANGE AND WHY IT WAS NECESSARY SHALL BE COMMUNICATED TO THE REQUESTOR. REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE POSTED IN A CONSPICUOUS MANNER AT CITY HALL. 10.40.060 RESPONSE TO REQUESTS FOR PUBLIC RECORDS. ALL REQUESTS FOR PUBLIC INFORMATION OR RECORDS SHALL BE APPROVED BY THE CITY CLERK. THE CITY CLERK, OR DESIGNEE SHALL, CONSISTENT WITH THE ORDERLY CONDUCT OF MUNICIPAL BUSINESS, MAKE A GOOD FAITH AND DILIGENT EFFORT TO PROVIDE A RAPID AND INTELLIGIBLE RESPONSE TO REQUESTS FOR INSPECTION OF RECORDS MADE PURSUANT TO THIS CHAPTER. TO EFFECT THIS POLICY, THE FOLLOWING GUIDELINES ARE ADOPTED: (A) INFORMATION PURSUANT TO THIS CHAPTER SHALL BE FURNISHED PROMPTLY TO THE REQUESTING PARTY UNLESS THE INFORMATION REQUESTED IS DECLARED PRIVILEGED OR CONFIDENTIAL PURSUANT TO APPLICABLE FEDERAL, STATE OR MUNICIPAL LAW. IF THE CITY CLERK OR DESIGNEE CONSIDERS THE INFORMATION TO BE PRIVILEGED, AFTER CONSULTATION WITH THE CITY ATTORNEY, HE OR SHE SHALL PREPARE A SLIP SETTING FORTH THE DATE, THE ITEM OF INFORMATION REQUESTED, THE SPECIFIC PROVISION OF APPLICABLE STATE, FEDERAL OR MUNICIPAL LAW EXEMPTING THE REQUESTED INFORMATION FROM DISCLOSURE. A COPY OF THIS SLIP SHALL BE PROVIDED TO THE PARTY REQUESTING THE INFORMATION. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 9 of 14 (B) A DECISION REGARDING A REQUEST FOR INFORMATION OR INSPECTION OF PUBLIC RECORDS MAY BE APPEALED TO THE CITY COUNCIL AND A WRITTEN REPLY WILL BE GIVEN WITHIN SEVEN (7) WORKING DAYS FROM THE COUNCIL'S CONSIDERATION THEREOF EITHER GRANTING OR DENYING THE APPEAL. AN APPEAL FROM THE DECISION OF THE COUNCIL SHALL BE TO THE SUPERIOR COURT. (C) ALL REQUESTS FOR RECORDS AND INFORMATION MADE PURSUANT TO THIS CHAPTER SHALL BE RESPONDED TO WITHIN A REASONABLE TIME PERIOD. IF THE RECORDS AND INFORMATION CANNOT BE LOCATED IN TIME TO MAKE A RESPONSE WITHIN FIVE (5) WORKING DAYS OF THE REQUEST, THE REQUESTING PARTY SHALL BE PROMPTLY ADVISED, AND, IF THE REQUESTING PARTY STILL DESIRES THE INFORMATION OR RECORDS, A REASONABLE AND DILIGENT SEARCH SHALL CONTINUE. (D) IF A REQUEST IS DEEMED NON -ROUTINE OR LARGE, WRITTEN NOTIFICATION WILL BE MADE TO THE REQUESTOR WITHIN FIVE (5) WORKING DAYS WITH AN ESTIMATE OF PRODUCTION COSTS PURSUANT TO KMC 10.40.060(C) AND APPENDIX, PUBLIC RECORD INSPECTIONS REGULATIONS, REGULATION 1, FEES.] Section 3. Enactment of Section of Kenai Municipal Code: That Kenai Municipal Code, Chapter 10.40 - Access to Public Records is hereby re-enacted as follows: Chapter 10.40 - Access to Public Records 10.40.010 Purpose and Intent. The purpose of this chapter is to establish uniform procedures to ensure that reguests for gublic records are handled in a timely, reasonable and responsive manner. It is the intention of the City that all disclosable public records will be made available upon request and in compliance with the requirements of Alaska Statues and this chapter, subject to exceptions, exemptions and upon payment of applicable fees provided in this chapter or otherwise provided by law. 10.40.020 Definitions. For the purpose of this chapter: (a) "Business Day" means every day except Saturday, Sunday or a holiday recognized by the City. and is calculated by excluding the first day and including the last day. unless the last day is a Saturday. Sunday or holiday. (b) "Certified Copy" means a copy of a document certified as correct by the City Clerk. (c) "City" means any department, division, board, or commission which has custody of a public record as defined in this chapter. "Emergency Services Department Records" means records related to the unique functions of the Fire or Police Department, which include but are not limited to fire incidents, emergency medical services, public safety, investigations, and law enforcement. (e) "Harassment Request" means a request not made in good faith, and is made for the purpose of harassment of the City or City officials, or to purposely interfere with the orderly conduct of City business. (f "Non -Routine Request" means but is not limited to a request for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take substantial staff time to respond, and reguests from a person involved in litigation with the City. LgI "Proprietary Information" means information regarding techniques, methods, strategies or other unique data in which a valuable property interest may be established or which may be used by person or entity for a competitive advantage. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 10 of 14 "Public Record" means items, regardless of format or physical characteristics that are developed or received by the Cily that are preserved for their informational value or as evidence of the organization or operation of the City' "public records" or "records" does not include proprietary software programs. j Di "Routine Request" means a request for records that are clearly to be made available to the public, and which can be responded to quickly without a substantial amount of effort or time by the a City staff. 10.40.030 Records Available to the Public and Format. (a) Unless provided otherwise by law or regulation, public records of the City are open to inspection by the public sub'ect to any applicable fees and regulations regarding the time lace and manner of inspection as provided in 10.40.060. (b) The City is not required to manipulate data to create new records in response to a request for public records, nor is the City required to compile or summarize records in response to a request for information. (c) Except as otherwise provided by law, if the request is for a public record that contains confidential information or non-disclosable information, the confidential or non-disclosable information will be redacted before the record is provided. Records will normally be made available in the format in which the City maintains or disseminates records. Exact reproduction will not be required, but any alteration of the form or medium of the record must not change the substantive content of the information, and if the content is changed, the nature of the change and the reason for the change will be communicated to the requestor. (e) When providing records by electronic services or products, the City will ensure that access to confidential information and proprietary software is protected. 10.40.040 Form of Request. (a) This section applies to all requests, except for requests processed under 10.40.050. Requests for the inspection or copying of records will be made in writing on a form provided by the City Clerk. The City Clerk will maintain a log of all requests for the disclosure of public records, the log will include the date and time of the request and fee charged, if any. If a requester is unable to complete the form due to a physical or mental disability, the City Clerk or designee will either assist the re uester in completing the written form or treat the requester's oral request as a written request. (c) Description of Record: A requestor must describe the records sought in sufficient detail to enable the City to locate and identify the records sought. If the records are described by the requestor in general terms, the city staff will attempt to communicate with the requestor to identify the records requested and lessen the administrative burden of processing an overly broad request. If the city staff is unable to communicate with the requestor and the request is not sufficient to allow the staff the ability to identify the requested records, the requestor will be notified within 10 business days after receipt of the request by the City Clerk, that the request cannot be approved or processed until asufficient description of the record is received. Sdi Aggregation of Certain Requests: If the City Clerk, based on reliable information, after consultation with the City Attorney, determines one or more individuals have made one or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller arts to avoid payment of production fee for production of records requiring more than five hours of staff time per month), the City Clerk will aggregate all such requests and treat them as one request. (e) Harassment Reguests: If the City Clerk in ood faith after consultation with the City Attorney. reasonably determines the request is a harassment request as defined by this chapter, the City Clerk will deny the request. Such a determination will be made only after notice and an opportunity for the requestor to be heard by the City Clerk. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 11 of 14 10.40.050 Res once by De artment. [a] Requests for Emergency Services Department records as defined by this chapter may be processed by the director of the department or director's designee. Nothing in this chapter will prevent the director or designee from consulting with the City Attorney and/or the City Manager prior to making a determination. (b) Routine requests for records as defined by this chapter may be processed by the director of the department or director's designee in which the records are located and may be submitted orally or in writing. (1 ) Routine requests do not include requests for records that might be exempt from disclosure requests that will or might be denied for any reason, requests that will take substantial staff time to respond to, or requests from a person involved in litigation with the City. If it is determined that a request being rocessed under this section is not a routine request the request will be transferred to the City Clerk for processing. 10.40.060 Re ulation of Time Place and Manner of Inspection. (a) Routine Requests. Will be responded to promptly at the office where the records are kept, or another City office if more convenient to the City, during business hours at a time that does not interfere with the orderly conduct of City business. Non -Routine Requests. Records in response to an approved non -routine request will be made available for inspection or copying at City Hall, under the direction of the City Clerk or designee. For the convenience of the City, the City Clerk may designate an inspection location elsewhere in the City. The time for inspection will be during business hours. The City Clerk will advise the repuestor of the specific times and dates on which the inspection may occur. If, and to the extent necessary to maintain the orderly conduct of city business. the City Clerk may limit the days and hours when inspection and copying of public records may occur. ( Large Requests. If a request is made for inspection or copying of a large volume of public records, the City Clerk, after consultation with the City Attorney, may require the requestor to make a written designation of the order in which the re uestor wants the records produced. When such order is designated by the repuestor, the City will attempt to _produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the City to search or review a large volume of public records, will be responded as City staff time permits. The City Clerk will advise the repuestor of the estimated time in which the reslonse will be made. 10.40.070 Litigation Disclosure. If a person requesting inspection of city records is involved in litigation, or an appeal involving the City or a City agency in any judicial or administrative forum, the disclosure of records used for, included in, or relevant to that litigation, proceeding or appeal is governed by the rules or orders of that forum, and not by this chapter. In this section "involved in litigation" means being a party to litigation, or appealor representing a party, including any person obtaining records on behalf of the party. 10.40.080 Response to Request for Public Records. ( Non -routine requests for public records will be approved or denied by the City Clerk or designee. Nothing in this chapter will prevent the City Clerk or designee from consulting with the City Attorney and/or the City Manager prior to making a determination. Non -routine requests will be referred to the division or department head responsible for those records. The department head or designee will, consistent with the orderly conduct of City business, make a good faith and reasonable effort to locate records that are adequately identified in the request. and return the located records to the City Clerk. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 12 of 14 M If the record is subject to inspection under this chapter and is readily available, the City Clerk or designee will permit the requester to inspect the record or, within ten business days of receipt of the request, provide the requester with a copy of the City record upon receipt of any applicable fees. If a record is not subject to inspection, within ten business days of receipt of the request the City Clerk will state in writing that the records is not subject to inspection. providing an explanation and/or the City. State or Federal law that authorizes or requires the withholding of the City record from ins ection. If the request is deemed non -routine, large and is not immediately available or staff resources of the City are not sufficient to respond to the request, within ten business days of the receipt of the request, the City Clerk will furnish a written acknowledgment of the receipt of such request and a statement of the approximate date the records will be available and an estimate of any applicable fees, which will be reasonable under the circumstances of the request. Original records will not leave the custody of the City. 10.40.090 Fees for copying search and production. (a) Copvirg fee. The fee for copying ublic records including paper documents. audio/video recordings. and digital records will be a per copy fee as set forth in the City's schedule of fees adopted by the City Council. The first ten copies of paper documents are free. Sb2 Certified copy fee. The fee for a certified copy of a document will be as set forth in the City'S schedule of fees adopted by the City Councilplus any applicable copying. searching and production fees. (c) Search and production fee. Exce>7t as otherwise provided, if the search and production of a record for one requestor in a calendar month exceeds five -person hours, the requestor must pay all costs associated with the search and production of the record, for the time required over five hours. The search and production fee will be the a uivalent of the actual salary plus benefits for the timespent by the City staff to search and produce the records. The search and production fee will be in addition to the copying fee. Electronic services andproducts. The fee for electronic services and products will be based on recovery of the actual incremental costs of providing the electronic services and products, and a reasonable portion of the costs associated with building and maintaining the information system of the City. (e) Payment of applicable fees. M The requester will pay all fees before the records are disclosed.. except the City Clerk may waive this requirement in accordance with KMC 10.40.100_. Payments may be required in advance of the search and production of records when it is reasonably believed that the search and production will require more than five hours to complete and will generate a fee under this section that is not waivable under KMC 10.40.100. 10.40.100 Waiver and Reductions in Fees. (a) The fees required by this chapter may be waived by the City Clerk: M In the case of indigence; or (2) If the City Clerk finds the records or electronic services and products are to be used for a public purpose. Fee reductions and waivers will be uniformly applied among persons who are similarly situated. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 13 of 14 (c) Fee reduction in the case of indiaency. If a person is unable to pay a fee and signs an affidavit on a form provided by the City Clerk to that effect, the City Clerk will waive all or part of the applicable fees in accordance with the table below. No waiver or reduction will be granted if the City Clerk after consultation with the City Attorney finds, based upon reliable information that the affidavit of indigency was made fraudulently or in bad faith. Annual Income as a Percent of Current Health Percent of Fee Reduced and Human Services (HHS) Poverty Guidelines of Alaska 1 - 100% 100% Waiver 101 - 149% 75% 150 - 174% 50% 175 - 199% 25% 200% plus No Waiver 10.40.110 Denial. (a) A request for public records may be denied if any one of the following provisions are applicable: The record is not known to exist after a diligent search is made for it; Q The record is not in the City's possession and remains unknown or outside of the City's control, The record has been destroyed in accordance with an applicable records -retention schedule: or. Nondisclosure of the record is authorized by Federal or State Law or regulation. A denial under this section is the final administrative order for purpose of appeal. The denial must be in writing, must state the basis and reason for the denial. A denial must further state that the re uester may obtain iudicial review by al2pealin-q the denial to the Superior Court. 10.40.120 Appeal The final administrative order may be appealed to the Superior Court. Such an appeal must be made under the court rules of procedure governing appeals to the Superior Court. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20TH DAY OF DECEMBER, 2023. 1 >4_� �- - Brian Gabriel Sr., Mayor New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3381-2023 Page 14 of 14 ATTEST. ►r tC V, Michelle ne , M , City Clerk Introduced: November 15, 2023 Enacted: December 20, 2023 Effective: January 19, 2024 New Text Underlined; [DELETED TEXT BRACKETED] 'KE Al City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Vice Mayor Baisden FROM: Shellie Saner, City Clerk DATE: August 17, 2023 SUBJECT: Ordinance No. 3381-2023 - Repealing Municipal Code Appendices - Public Records Inspection Regulations, Repealing Kenai Municipal Code Chapter 10.40 - Release of Public Records and Enacting Kenai Municipal Code 10.40 - Access to Public Records. The Ordinance as proposed would delete the public records inspection regulations from the appendices of Kenai Municipal Code (KMC), repeal Chapter 10.40 - Release of Public Records and Enact a new Chapter 10.40 - Access to Public Records. This would place rules and regulations related to accessing City of Kenai public records into one location within municipal code. Attached to this Ordinance are copies of the current KMC Chapter 10.40 and the current Appendices, both of which include comments identifying where or how each section was or was not included in the proposed new chapter. The following information further explains the changes within the new chapter. ❖ 10.40.010 Purpose and Intent. Previously this section was title "Intent" the proposed amendment includes a sentence identifying the purpose for the chapter and the intent section was rewritten. ❖ 10.40.020 Definitions. The definition section was expanded to include definitions for Business Day, Certified Copy, Emergency Services Department Records, Harassment Request, Non - Routine Request, Proprietary Information, and Routine Requests. The definition for Municipal Agency was changed to City and the definition for Public Record was modified and no longer lists the different forms of records, instead states "information regardless of format or physical characteristics". There are three sections in the current appendices which are now included in the definitions: Routine Requests, Non -Routine Requests and Harassment Request. Having these three types of requests included in the definitions, allowed the proposed new chapter to address each type in different sections, for example the regulations for time, place and manner of inspection differs between a Routine and Non -Routine request and the regulations for response to a request will vary when it's a non -routine request verses a routine request. ❖ 10.40.030 Records Available to the Public and Format. Previously titled Information Available to the Public. The previous section listed six specific record types that were available, which did not identify all records that are available. The six listed were not records that would have been exempt from disclosure and listing them out was not necessary. This new chapter was also modified to include the following sections from the appendices: 4.01 Form of Record; 4.02 Summarization of manipulations of records; 4.03 Partially disclosable records ❖ j10.40.040 RECORDS EXEMPTED.] The previous section 10.40.040 Records Exempted was listed out specific records that were exempt from disclosure. This information was left out of the new chapter. In multiple sections of the new chapter, there are references that records will be disclosed unless otherwise provided by law. If a request for a record were denied the new section 10.40.110 requires that a denial must be in writing and must state the basis and reason for the denial, the basis would include the reference to the local, federal or state law that exempts the record. ❖ 10.40.040 Form of Request. The new section 10.40.040 incorporates and modifies the following sections that were previously in the Appendices: 2.03 Non -Routine Requests; 2.04 Aggregation of Certain Requests; 2.06 Harassment Requests; and 2.07 Description of Records Requested. ❖ 10.40.060 Response by Department. This is a new section of code which addresses the following: The previous code and appendices did not capture how requests for Emergency Services Department records are currently processed by the City; and, due to the unique functions of law enforcement and emergency services these requests are processed by the department. Paragraph (a) of this new section codifies the current practices. Routine Requests were previously included in the Appendices section 2.02. Paragraph's (b) and (b)(1) of the new section incorporates and modifies the previous version. ❖ 10.40.060 Regulation of Time, Place and Manner of Inspection of Public Records. This section was previously 10.40.050 and established that the council shall adopt regulations as to the time, place and manner of inspection; that fees may be required; and the rules related to the format of the record produced. The regulations as required in the previous chapter were adopted in the appendices as: 3.01 Routine Requests; 3.02 Non -Routine Requests; 3.03 Large Request. These three sections of the appendices were included in the new chapter 10.40.060. Fee requirements were included in the new section 10.40.100; and the regulations regarding the format of the records produced was included in the new section 10.40.030(d) ❖ 10.40.070 Litigation Disclosure. This section is new and was included based on the Alaska Administrative Code 2 AAC 96.220 and Alaska Statutes 40.25.122. This new section was included to address the State of Alaska regulations requiring when a person is involved in litigation, the records sought shall be disclosed in accordance with the rules of procedure applicable in a court or an administrative adjudication. ❖ 10.40.080 Response to a Request for Public Records. This section was previously 10.40.060 and has been modified substantially, the following identifies the more substantial changes: 1. Previously applied to all requests for public records, which conflicted with the appendices with regards to Routine Requests. The new section only applies to Non -Routine Requests. Responses to Routine Requests are established in the section 10.40.050. 2. Previously allowed appeals to the City Council regarding the approval or denial of the release of a record and the City Council's decision was appealable to the Superior Court. Provisions allowing appeals to the City Council were omitted and provisions allowing appeal to the Superior Court were included in the new section 10.40.110 (b). Removal of the provisions allowing appeals to the City Council was based on the specific State and Federal Laws and rules which regulate records which are open to the public and records that are protected. If a record is withheld, the decision to withhold the record would be based on a provision of law protecting that record and the release of such a record could present a liability to the City. 3. Previously required a response within five working days. The required days for response was increased to 10 days, and provisions were included in the definitions to establish how days are calculated. Memo Page 2 of 3 The number of days required for response were increased to address several issues, such as the increased volume of records being requested as well as the increased number of staff hours being utilized to address public records request. 2 AAC 96.325 establishes that no later than 10 working days the agency will provide the records, or advise the requestor the record is non-disclosable, or extend the 10-day response time by providing notice to the requester stating the reason and the date when the records will be disclosed. ❖ 10.40.090 Fees for Copying, Search and Production. This section incorporated the following sections of the Appendices: 1.01 Copies; 1.02 Certified Copies; 1.03 Production Fee; and 1.04 Estimate and Advance Payment. Production fee was expanded to include search fees as well. This is intended to clarify that when responding to a request for public records the search time and production time are both accounted for when establishing the staff time spent on requests for records. ❖ 10.40.100 Waiver and Reductions in Fees. This section incorporates 1.06 Indigency from the appendices and includes new language which aligns with AS 40.25.110 (d) and allows the fees to be waived if the records are to be used for a public purpose. This section also incorporates Appendices 2.05 Bad Faith of Affidavit of Indigency. ❖ 10.40.110 Denial. This section was expanded to include reasons why a request maybe denied and incorporates in part the previous Appendices section 5.01 Written Response. ❖ 10.40.120 Appeal. As explained earlier in the memo appeals to the City Council were removed, this new section establishes that the decision may be appealed to the Superior Court. ❖ Appendices 1.05 Inspection Only. This section was left out entirely, a request for a record regardless if it were for inspection or copies would be handled in the same manner and incur the same search and possibly production fees. ❖ Appendices 5.02 Response to Oral Requests. This section was left out, only routine requests may be made orally. If the department were not able to fill an oral request, the requestor would be referred to the Clerk's Office and the request would then become a Non - Routine written request. ❖ Appendices 6.03 When no Response is Deemed Denial. This section was left out, denial procedures in the new section 1.40.110 require a written denial from the Clerk. Memo Page 3 of 3 KMC Chapter 10.40, Release of Public Records Page 1 of 5 The following information is the current section of Kenai Municipal Code, Chapter 10.40 - Release of Public Records. The notes to the right indicate where or how these sections were or were not incorporated into the proposed new code. Chapter 10.40 10.40.010 :Intent.; - It is the intention of the City to provide access of the public to municipal records and information consistent with the Alaska Public Records Act, so that the people of the City may be well informed at all times as to municipal business. With the exception of the specific exemptions set forth under Section 10.40,040, all information and records in the control of the municipality shall be made available to the public upon request. 10.40.020 Definitions;_ For the purposes of this chapter: (a) -"Municipal agency" means any department division, board, commission or private contractor, of the City, which has custody of public records as defined in this chapter. (b) "Public records" mean books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by the City or a municipal agency and that are preserved for their informational value or as evidence of the organization or operation of the City; "public records" does not include proprietary software programs. 10.40.030 'Information available to the public Except as provided by Section 10,40,040or by other provisions of municipal, State or Federal law, all public records shall be open to inspection by any person subject to regulations regarding the time, place and manner of inspection which may be adopted by the City Council pursuant to Section 10,40,050. Documents are not required to be created in order to comply with an information request, but will be provided from documents/information that already exists. The types of records and information open to public inspection pursuantto this chapter shall include, but shall not be limited to, the following: (a) Financial and operational cost information, including information as to revenues, expenditures, indebtedness, formal departmental recommendations in regard to project priority, and after budget finalization, department budget requests; (b) Information relating to contracts to which the municipality is a party, including payment provisions, information relating to bids and requests for proposals received or solicited by The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. Commented [SSt]: This section was substantially rewritten as 10.40.010 in the proposed new code. Commented [SS2]: This section was expanded to include additional definitions as 10.40.020 in the proposed new ==•I:E Commented [SS3]: Changed to "City' Commented [SS4]: Modified to exclude the list of record types, replaced with "means items, regardless of format or physical characteristics" Commented [S55]: This section was not included. The new section intended to replace it is 10.40.030 and does not include an itemized list of records. KMC Chapter 10.40, Release of Public Records Page 2 of 5 the municipality, and information relating to the status of goods or services furnished pursuant to contract; (c) Regulatory, financial assessment and tax information concerning real property located within the municipality; (d) Compensation levels and fringe benefits accorded municipal officers and employees by law, including information in regard to the pay range and step grade of an employee or officer and statistical analyses or compilations relating to municipal practices and policies concerning compensation for various occupational groups, departments and divisions; (e) Statistical information and analyses concerning case loads, numbers and categories of persons for whom services were performed or treatment provided, results achieved and per patient and per unit cost; and (f) Feasibility, management, cost effectiveness and similar reports prepared by the municipality with municipal moneys. The foregoing enumeration of information available for public inspection is not designed to limit the categories of records and information that shall be made available to the public pursuant to this chapter. The policy of providing public access to public information shall be broadly and liberally construed. 10.40.040 Records exempted. The City shall not be required to release or disclose the following documents or records: (a) Communications of any kind between the municipal attorney and officers or employees of the City, or any other individual, firm or corporation containing a legal opinion, memorandum or other disclosure or information pertaining to any matter then in litigation orwhere litigation may be reasonably anticipated. This exemption does not extend, however, to any documents, records or other written communication that may have been made public prior to the commencement of litigation and public records which must otherwise be disclosed cannot be withheld on the grounds that they have been submitted to the municipal attorney; (b) All personnel records of City officers and employees, including, without limitation, employment applications, examination materials, and performance evaluations, records that reveal medical information about any specific individual; records that reveal the personal, intimate, or private life of an individual; and, in addition, any record the disclosure of which would constitute an unwarranted invasion of privacy; but this subjection does not protect from disclosure the following: (1) Employment applications of City officials appointed by the City Council, (2) Employment applications of the director of each department of the City, The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. Commented [556]: This section was omitted. Instead of listing certain types of records exempted, in the Denial Section 10.40.110, it states a request may be denied if nondisclosure of the record is authorized by a Federal or State taw or regulation. KMC Chapter 10.40, Release of Public Records Page 3 of 5 (3) Performance evaluations of City officials appointed by the City Council to the extent the performance evaluations relate to the individual's job performance and do not impugn an individual's honesty, integrity, or morality outside of professional life, (4) The names and position titles of all City employees, (5) The current and prior positions held by a City employee, (6) The dates of appointment and separation of a City employee, and (7) The records described in Section 10.40.030(d). In the event of a request for disclosure of items described in subparts 1, 2, and 3 of this subsection, the City Manager, City officials and directors will be notified at least two (2) days prior to release of such records and may appeal the decision under KMC 10,40,060. (c) Records or information compiled for law enforcement purposes, but only to the extent the production of the law enforcement records or information: (1) Could reasonably be expected to interfere with enforcement proceedings, (2) Would deprive a person of a right to a fair trial or an impartial adjudication, (3) Could reasonably be expected to constitute an unwarranted invasion of the personal privacy of suspect, defendant, victim, or witness, (4) Could reasonably be expected to disclose the identity of a confidential source, (5) Would disclose confidential techniques and procedures for. law enforcement investigations or prosecutions, (6) Would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law, or (7) Could reasonably be expected to endanger the life or physical safety of an! nd ividual; (d) Information such as name, address, etc., that would identify complainants in actions to enforce any City regulation or ordinance, except as such disclosure may become necessary to a fair and just disposition of the enforcement proceeding; The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. KMC Chapter 10.40, Release of Public Records Page 4 of 5 (e) Records held by the City concerning any customer using municipal services, release of which would be unwarranted invasion of privacy; (f) Engineering or other technical specifications or data which might provide a competitive advantage to any person, firm, or corporation engaged or potentially to be engaged in municipal business; (g) Information obtained by and in the custody of insurance carriers insuring the municipality and their attorneys and agents regarding possible and pending claims against the municipality; (h) Medical and related public health records; (i) Records pertaining to juveniles unless disclosure is authorized bylaw; Q) Records required to be kept confidential by law; (k) Any record, nondisclosure of which is authorized by a valid Alaska or Federal statute or regulation, or by a privilege, exemption, or principle recognized by the courts, or by a protective order authorized by law; and (1) Sales tax information excluded from disclosure by KPB 5.18.040 as amended. (Ord. 2396-2009) 10.40.050 Regulation of time, place and manner of inspection of public records. The City Council shall adopt regulations as to the time, place, and manner of inspection of public records held by the municipality. Such regulations may also provide: (a) That a fee may be required. The fee shall not exceed the actual cost to produce the information requested. In the event the person is unable to pay any requested fee, and signs an affidavit to the effect that he or she is indigent, there will be no cost to the above - described person. See Appendix, Public Record Inspections Regulations, Section 1.06. Commented [SS7]: Substantially modified in proposed 10.40.060 to include the regulations which were adopted by council and included in the Appendices. Commented [SS8]: Fees are established in proposed 10.40.090 and indigency was included in 10.40.100 (b) The form in which the specific documents shall be made available. Documents need not Commented [SS9]: This information was incorporated be reproduced in the exact form or medium in which they are stored. However, any into the proposed10.40.030 alteration of the form or medium of public record shall not change the substantive content of the information contained in the public record. When the actual content is changed, the nature of the change and why it was necessary shall be communicated to the requestor. The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. KMC Chapter 10.40, Release of Public Records Page 5 of 5 Regulations adopted pursuant to this section shall be posted in a conspicuous manner at City Hall. (Ord. 2396-2009) 10.40.060 Response to requests for public records Commented [5510]: Rewritten as proposed 10.40.080 All requests for public information or records shall,be approved by the City Clerk. The City Clerk, or designee shall, consistent with the orderly conduct of municipal business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records made pursuant to this chapter. To effectthis policy, the following guidelines are adopted: (a) Information pursuant to this chapter shall be furnished promptly to the requesting party unless the information requested is declared privileged or confidential pursuant to applicable Federal, State or municipal law. If the City Clerk or designee considers the information to be privileged, after consultation with the City Attorney, he or she shall prepare a slip setting forth the date, the item of information requested, the specific provision of applicable State, Federal or municipal law exempting the requested information from disclosure. A copy of this slip shall be provided to the party requesting the information. (b) A decision regarding a request for information or inspection of public records may be appealed to the City Council and a written reply will be given within seven (7) working days from the Council's consideration thereof either granting or denying the appeal. An appeal from the decision of the Council shall be to the Superior Court. (c) All requests for records and information made pursuant to this chapter shall be responded to within a reasonable time period. If the records and information cannot be located in time to make a response within five (5) working days of the request, the requesting party shall be promptly advised, and, if the requesting party still desires the information or records, a reasonable and diligent search shall continue. (d) .If a request is deemed non -routine or large, written notification will be made to the requestor within five (5) working days with an estimate of production costs pursuant to KMC 1u.4u.ubuic► and Appendix, Public Record Inspections Regulations, Regulation 1, Fees. (Ord. 2396-2009) The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. The following information is the current section of the Kenai Municipal Code, Appendices on Public Records Inspections. The notes to the right indicate where or how these sections were or were not incorporated into the proposed new code: PUBLIC RECORD INSPECTIONS REGULATIONS 1. FEES. 1.01 Copies.) The fee for copying public records including paper documents, audio recordings, cassettes, and compact discs shall be a per copy fee as set forth in the City's schedule of fees adopted by the City Council. The first ten (10) copies of paper documents are free. (Ord. 2396-2009; Res. 2011-12) 1.02 Certified copies. The fee for a certified copy of a document will be the City's standard certification fee, plus the standard copying fee, both as set forth in the Citys schedule of fees adopted by the City Council. Only the City Clerk or Deputy City Clerk will certify documents. (Ord. 2396-2009; Res. 2011-12) 1.03 Production fee. If the production of records for one requestor in a calendar month exceeds five (5) person hours, the requestor must pay a production fee. The production fee will be the City employee's actual salary, plus benefit costs, for the time required over five (5) hours during the month to search, review, and copy the records. If multiple City employees compile the requested records, a composite hourly rate for all employees involved will be determined and a credit for five (5) hours at that rate will be applied. The production fee will be in addition to the standard copying fee. Example of composite rate calculation is: The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. Commented [SS1]: Modified version included in 10.40.090(a) Commented [552]: Modified version included in 10.40.090(b) Commented [SS3]: Modified to include search fees and included in 10.40.090(c) The composite rate calculation table was omitted. Employee A 15 hours @ = $750.00 $50/hour Employee 4 hours @ = $ 300.00 B $75/hour Employee C 2 hours @ = $ 70.00 $35/hour Totals 21 hours $1,120.00 $1,120 = 21 (total hours) = $53.33 (composite rate) $1,120 - ($53.33 x 5 free hours) = $ 853.35 to be paid by FOIA Requestor (Ord. 2396-2009) 1.04 Estimate and advance payment. If a production fee is required or anticipated under Section 1.03, the City staff will prepare an estimate of the production fee and copying fee that are expected to result from producing the requested records. The requestor must deposit the estimated production and copying fees in advance of the search. If the actual production and copying fees are less than the estimate, the requestor will be given a refund of the difference. If the actual production and copying fees are greater than the estimate, the records will not be released to the requestor until the requestor pays the difference. (Ord. 2396-2009) Commented [SS4]: Modified in proposed 10.40.090 (e) 1.05 Inspection only Commented [555]: Inspection only was omitted. The new proposed code does not identify the difference between request to inspect vs requested copies, all fees are applied There will be no fee for simple inspection of records, except when the production of the equally related search and production. records for inspection by one requestor in a calendar month exceeds five (5) person -hours. In that case, the requestor will be required to pay the production fee as described in Section 1.03. (Ord. 2396-2009) 11.06 Indigency. Commented [SS6]: Modified and included in proposed 10.40.100 (c) If a person is unable to pay a fee, and signs an affidavit to the effect that he or she is indigent, then the City Clerk will waive the copying fee and production fee, except when the City Clerk, The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. based upon reliable information, determines the affidavit of indigency is made in bad faith or fraudulently. Annual Income as a Percent of Current Percent of Health and Human Fee Services (HHS) Poverty Reduced Guidelines for Alaska 1-100% 100% Waiver 101-149% 75% Waiver 150-174% 50% Waiver 175-199% 25% Waiver 200% plus No Waiver An application for indigency may be filed with the City Clerk for waiving or partially waiving the costs of record reproduction. The City Clerk may allow an applicant, who qualifies as an indigent, a reduced record reproduction fee, a payment plan or a waiver of the filing fee where the City Clerk is able to make a written finding, based on information provided by the applicant that payment of the record reproduction fee would be a financial hardship. Based upon the information provided, the fee may be reduced or waived in accordance with the above scale. As required by AS 40.25.110, any fee waiver or reduction must be uniformly applied to persons who are similarly situated. (Ord. 2396-2009) The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. 2. REQUIREMENTS FOR PUBLIC RECORD REQUESTS —APPROVALS AND DENIALS. 2.01 City Clerk approvall According to Kenai Municipal Code, Chapter 10.40all requests for public information or records are to be approved by the City Clerk, after consultation with the City Manager and City Attorney. (See Regulation 5.01.) The City Clerk, or designee, will, consistent with the orderly conduct of City business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records. (Ord. 2396-2009) �.02 Routine requests. Routine requests for inspection or copying of records may be approved (but not denied) and responded to by the City Clerk, Deputy City Clerk, or the Department Head of the department in which the records are located. They may act as the City Clerk's designee for the approval of routine requests. For purposes of these regulations, a routine request is a request for records that are clearly to be made available to the public, and which can be responded to quickly without a substantial amount of effort or time by the City staff. Routine requests may be submitted orally or in writing. (Ord. 2396-2009) �.03 Non -routine requests. Non -routine requests for inspection or copying of records must be made in writing and referred to the City Clerk for approval or disapproval. Non -routine requests include, but are not limited to, requests for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take more than one (1) person -hour of staff time to respond, and requests from a person involved in litigation with the City. (Ord. 2396-2009) 2.04 Aggregation of certain requests. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines one (1) or more individuals have made one (1) or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid the payment of a production fee (for production of records requiring more than five (5) The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. Commented [SS7]: Modified as proposed 30.40.080(a) Commented [SS8]: Routine request was included in the definitions and modified in proposed 10.40.050 Commented [SS9]: Non -Routine Request was included in definitions, there is no longer a specific section dedicated to it, instead it has been included where applicable in multiple sections: 10.40.060(b) 10.40.080 (a), (b), (b)(3), I Commented [SS70]: Included as proposed 10.40.040(d) person -hours of staff time per month), the City Clerk will aggregate all such requests and treat them as one (1) request made by person. (Ord. 2396-2009) �.O5 Bad faith affidavit of indigency� If the City Clerk, based on reliable information, after consultation with the City Attorney, determines a person has made an affidavit of indigency in bad faith or fraudulently for the purpose of avoiding payment of production, copying, or other fees, the City Clerk will deny the waiver of the fees. (Ord. 2396-2009) �.06 Harassment request.) If the City Clerk, in good faith, after consultation with the City Attorney, reasonably determines a request for copies or inspection of records is not made in good faith, and is made for the purpose of harassment of the City or City officials, or to purposely interfere with the orderly conduct of City business, the City Clerk will deny the request. Such a determination will be made only after notice and an opportunity for the requestor to be heard by the City Clerk. (Ord. 2396-2009) �.07 Description of records requested. A requestor must describe the records sought in sufficient detail to enable the City to locate and identify the records sought. If the records are described by the requestor in general terms, the city staff shall attempt to communicate with the requestor to identify the records requested and lessen the administrative burden of processing an overly broad request. If the request is not sufficient to allow the staff to identify the requested records, the requestor shall be notified promptly by the City Clerk, the request cannot be approved or processed until a sufficient description of the record is received. (Ord. 2396-2009) The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. Commented [SS111: Modified and included in proposed 10.40.100 (c) last sentence. Commented [SS121: Included in proposed 10.40.040 (e) Commented [SS13]: Included in proposed 10.40.040(c) 3. TIME AND PLACE OF INSPECTION. �.01 Routine requests. A routine request for records will be responded to promptly at the office where the records are kept, or another City office if more convenient to the City, during business hours at a time that does not interfere with the orderly conduct of City business. If the records cannot be produced within five (5) working days, the requestor will be advised. (Ord. 2396-2009) 3.02 Non -routine requests. Records in response to an approved non -routine request will be made available for inspection or copying at City Hall, under the direction of the City Clerk or the City Clerk's designee. For the convenience of the City, the City Clerk may designate an inspection location elsewhere in the City. The time for inspection will be during business hours. The City Clerk will advise the requestor of the specific time and date on which the inspection may occur. If, and to the extent necessary to maintain the orderly conduct of city business, the City Clerk may limit the days and hours when inspection and copying of public records may occur. (Ord. 2396-2009) �.03 Large requests.. If a request is made for inspection or copying of a large volume of public records, the City Clerk, after consultation with the City Attorney, may require the requestor to make a written designation of the order in which the requestor wants the records produced. When such order is designated by the requestor, the City will attempt to produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the City to search or review a large volume of public records, will be responded as City staff time permits. The orderly conduct of City business will not be interrupted to make fast response to such a request. It is reasonable the maker of such a large request should expect an extended time for response. The City Clerk will advise the requestor of the estimated time in which the response will be made. (Ord. 2396-2009) The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. Commented [5514): Modified and included in proposed 10.40.050 Commented [5515]: substantially modified in proposed 10.40.080 b 1-3 Commented [5516]: Modified in 10.40.060 (c) 4. FORM OF RECORDS PRODUCED. �.01 Form of records., The records of the City will normally be made available for inspection or copying in the format in which the City maintains or disseminates the records. Exact reproduction is not required, but any alteration of the form or medium of public records must not change the substantive content of the information, and if the actual content is changed, the nature of the change and the reason for the change will be communicated to the requestor. (Ord. 2396-2009) 4.02 Summarization or manipulation of records. The City is not required to compile or summarize its records in response to a request for information. The City is not required to manipulate its data to create new records in response to a request for information. (Ord. 2396-2009) �.03 Partially disclosable records. If public records contain information that is disclosable in part and non-disclosable in part, the non-disclosable information shall be removed prior to disclosure. (Ord. 2396-2009) 5. WRITTEN DETERMINATIONS AND APPEALS. �.01 Written response. If the City Clerk, after consultation with the City Attorney and City Manager, makes an adverse determination, in whole or in part, to a written public records request, the City Clerk will provide a written response setting forth the adverse determination. It will include a description of the records requested, a description of the records that will not be provided, and the reasons for the adverse determination, including reference to provisions of law or regulations, facts, and other information relied upon. The City Clerk's written response will also include a notice the requestor has a right to appeal to the City Council. (Ord. 2396-2009) The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. Commented [5517]: Modified, included in proposed 10.40.030 Commented [SS18]: Incorporated into proposed 10.40.030 (b) Commented [SS19]: Modified and included in 10.40.030 {C] rCommented [SS20]: Modified and incorporated in proposed 10.40.110 b �.02 Response to oral requests. Oral requests may be accepted for a routine request. Oral requests for records will not be accepted for a non -routine request or receive a written response from the City Clerk unless the requestor is unable to make a written request because of inability to write or because of mental or physical disability. In that case, the City staff will assist the requestor in making a request that will be responded to and treated as a written request for all purposes under these regulations. (Ord. 2396-2009) �.03 When no response is deemed denial. If the requestor receives no response to a written request for records within five (5) working days of making that request, the requestor may file with the City Clerk a written demand for a written response. If the City Clerk does not give a written response to that demand within three (3) working days of the City Clerks receipt of the demand, the request for records will be deemed denied. (Ord. 2396-2009) �.04 Appeal to City Council. A denial, in whole or in part, a deemed denial, or any adverse written determination by the City Clerk in response to a written request for public records may be appealed by the requestor to the City Council. An appeal must be filed in writing at the Office of the City Clerk within thirty (30) days of the date the decision was mailed to the requestor. The City Council will hear the appeal and issue a written decision within thirty (30) days of the date the appeal was filed at the Office of the City Clerk. There shall be no filing fee for the appeal to the City Council. (Ord. 2396-2009) 5.05 Appeal to Superior Court. A final decision of the City Council on an appeal from a decision of the City Clerk may be further appealed to the Superior Court. Such an appeal must be made under the court rules of procedure governing appeals to the Superior Court. (Ord. 2396-2009) The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023. Commented [S521): Included in proposed 10.40.040 (b) .. Commented [SS22]: Not included Commented [SS23]: omitted Commented [SS24]: Included in proposed 10,40.120 The Kenai Municipal Code is current through ordinance 3338-2023, passed March 15, 2023. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.kenai.city City Telephone: (9O7) 283-7535 Code Publishing Company, A General Code Company The Kenai Municipal Code is current through Ordinance 3338-2023, passed March 15, 2023.