HomeMy WebLinkAboutOrdinance No. 2396-2009the 0/
KENAI, ALASKA
CITY OF KENAI
ORDINANCE NO. 2396 -2009
SUBSTITUTE
Suggested by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE WITH THE ADDITION OF CHAPTER 10.40, ENTITLED,
"RELEASE OF PUBLIC RECORDS" AND "REGULATIONS CONCERNING PUBLIC
RECORD INSPECTIONS."
WHEREAS, the Kenai Municipal Code currently does not include a specific provision
for the release of public records; and,
WHEREAS, including specification for the release of public records in the Kenai
Municipal Code is in the best interest of the city to provide definition and direction for
requesting, exempting, responding to requests, etc. with regard to the release of public
records.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the Kenai Municipal Code be amended with the addition of Chapter 10.40,
entitled "Release of Public Records" as provided in Attachment A and "Regulations
Concerning Public Record Inspections" as provided in Attachment B.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August,
2009.
ATTEST:
ditAX
Carol L. Freas ,C ity Clerk
PAT PORTER, MAYOR
Introduced: April 1, 2009
Second Reading /Postponed: April 15, 2009
Third Reading and Substituted: May 20, 2009
Fourth Reading: August 19, 3009
Adopted: August 19, 2009
Effective: September 19, 2009
Chapter 10.40
RELEASE OF PUBLIC RECORDS
Sections:
10.40.010 Intent
10.40.020 Definitions
10.40.030 Information available to the public.
10.80.040 Records exempted.
10.40.050 Regulation of time, place and manner of inspection of public
records.
10.40.055 Litigation Disclosure
10.40.060 Response to requests for public records
10.40.010 Intent.
It is the intention of the City to provide [FULL AND FREE] 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" shall be defined as 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" means 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 [GUIDELINES REGULATING] regulations regarding the time, place and
manner of inspection which may be adopted by the City [CLERK] 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
Attachment "A" Chapter 10.40, Release of Public Records
Substitute Ordinance No. 2396 -2009 Page 1 of 5
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, [DEPARTMENT BUDGET
REQUESTS, AND] 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) Salary 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,
(1) Feasibility, management, cost effectiveness and similar reports prepared
by the municipality with municipal moneys.
jgj 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 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;
Attachment "A" Chapter 10.40, Release of Public Records
Substitute Ordinance No. 2396 -2009 Page 2 of 5
(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 perfoiu:ance 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 subsection 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;
Attachment "A" Chapter 10.40, Release of Public Records
Substitute Ordinance No. 2396 -2009 Page 3 of 5
(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;
(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 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.
Sales tax information excluded from disclosure by KPB 5.18.040 as
amended.
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
Regulation 1.06, Regulations Concerning Public Record Inspections.
(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.
Attachment "A" Chapter 10.40, Release of Public Records
Substitute Ordinance No. 2396 -2009 Page 4 of 5
[10.40.055 LITIGATION DISCLOSURE.
A PUBLIC RECORD THAT IS SUBJECT TO DISCLOSURE AND COPYING
REMAINS A PUBLIC RECORD SUBJECT TO DISCLOSURE AND COPYING EVEN IF
THE RECORD IS USED FOR, INCLUDED IN, OR RELEVANT TO LITIGATION,
INCLUDING LAW ENFORCEMENT PROCEEDINGS, INVOLVING THE CITY OR ANY
MUNICIPAL AGENCY, EXCEPT THAT WITH RESPECT TO A PERSON INVOLVED IN
LITIGATION, THE RECORDS SOUGHT SHALL BE DISCLOSED IN ACCORDANCE
WITH APPLICABLE COURT RULES. IN THIS SECTION, "INVOLVED IN LITIGATION"
MEANS A PARTY TO LITIGATION OR REPRESENTING A PARTY TO LITIGATION,
INCLUDING OBTAINING PUBLIC RECORDS FOR THE PARTY.]
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 his /her 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 his /her designee considers the information to be
privileged, after consultation with the City Attorney, he /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 10.40.060(c) and Regulation 1, Fees,
Regulations Concerning Public Record Inspections.
Attachment "A" Chapter 10.40, Release of Public Records
Substitute Ordinance No. 2396 -2009 Page 5 of 5
Employee A
15 hours
(a; $50 /hour
750.00
Employee B
4 hours
S75 /hour
S 300.00
Employee C 2 hours
c@ $35 /hour
70.00
Totals 1 21 hours
S 1,120.00
1. FEES
CITY OF KENAI
REGULATIONS CONCERNING PUBLIC RECORD INSPECTIONS
1.01 Copies. The fee for copying public records is as follows: The first [NINE]
ten copies are free. [THERE SHALL BE A CHARGE OF $2.50, PLUS SALES TAX, FOR
THE TENTH (109 COPY.] There will be a charge of $.25, plus sales tax for each copy
over ten (10).
Copies of audio recordings to CD are $25.00 plus sales tax for the first CD and 55.00
for each additional CD for each request. Cassette tape recording copies are $25.00
plus sales tax for the first cassette tape and $5.00 for each additional cassette tape.
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. At this time, the
certification fee is ten dollars ($10.00) per document. 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- 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 TIME FOR REVIEW INCLUDES THE TIME SPENT TO
EXAMINE THE RECORDS FOR THE PURPOSES OF DETERMINING WHETHER THE
DOCUMENT IS RESPONSIVE TO THE REQUEST AND WHETHER THE DOCUMENT
WILL BE DISCLOSED OR WHETHER IT MUST BE WITHHELD BASED ON PRIVILEGE,
EXEMPTION, OR OTHER EXCEPTION.] The production fee will be in addition to the
standard copying fee.
Example of composite rate calculation is:
$1,120 21 (total hours) $53.33 (composite rate)
$1,120 (553.33 x 5 free hours) S 853.35 to be paid by FOIA Requestor
1.04 Estimate and Advance Payment. If a production fee is required or
anticipated under the preceding paragraph, the city staff will prepare an estimate of
the production fee and copying fee that are expected to result from producing the
Attachment "B" Regulations Concerning Public Record Inspections
Substitute Ordinance No. 2396 -2009
Page 1 of 6
Annual income as a Percent of current health
And human services (HHS) Poverty Guidelines for Alaska
Percent of
fee reduced
1 100%
100% Waiver
101 149%
75% Waiver
1 50 -174%
50% Waiver
1 75 -199%
25% Waiver
200% plus
No Waiver
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.
1.05 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 person- hours. In that case, the requestor will be required
to pay the production fee as described in the preceding paragraphs.
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.
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.
2. REQUIREMENTS FOR PUBLIC RECORD REQUESTS APPROVALS AND
DENIALS.
2.01 City Clerk Approval. According to Kenai Municipal Code, Section
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 the Clerk's 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.
Attachment "B" Regulations Concerning Public Record Inspections
Substitute Ordinance No. 2396 -2009 Page 2 of 6
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 person -hour of staff time to
respond, and requests from a person involved in litigation with the City.
[2.04 LITIGATION DISCLOSURE REQUESTS. A PERSON "INVOLVED IN
LITIGATION" MEANS A PARTY TO A LAWSUIT INVOLVING THE CITY, A PERSON
REPRESENTING A PARTY IN A LAWSUIT, OR A PERSON REQUESTING RECORDS ON
BEHALF OF A PARTY TO A LAWSUIT. IF THE CITY CLERK, BASED ON RELIABLE
INFORMATION, AFTER CONSULTATION WITH THE CITY ATTORNEY, DETERMINES
THAT A REQUEST FOR INSPECTION OR COPYING IS BEING MADE BY OR ON
BEHALF OF A PERSON INVOLVED IN LITIGATION, THE CITY CLERK, MAY DENY
THE REQUEST AND REQUIRE THE REQUEST BE PROCESSED IN ACCORDANCE
WITH APPLICABLE COURT RULES UNDER KENAI CITY CODE, SECTION 10.40.055.]
2.0[5]4 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 parts to avoid the
payment of a production fee (for production of records requiring more than five
person -hours of staff time per month), the City Clerk will aggregate all such requests
and treat them as one request made by person.
2.0[6]5 Bad Faith Affidavit of Indigeney. 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.
2.0[7]6 Harassment Request. If the City Clerk, in good faith, after
consultation with the City Attorney, reasonably determines a request for copies or
Attachment "B" Regulations Concerning Public Record Inspections
Substitute Ordinance No. 2396 -2009 Page 3 of 6
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.
2.0[817 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 [COUNCIL] Clerk, the request cannot
be approved or processed until a sufficient description of the record is received.
[2.09 DELIBERATIVE PROCESS RECORDS. THERE IS A RECOGNIZED
NEED TO ENCOURAGE OPEN, FRANK DISCUSSIONS AMONG GOVERNMENT
OFFICIALS ABOUT PROPOSED OR CONTEMPLATED GOVERNMENTAL ACTION.
DISCLOSURE OF OFFICIAL DELIBERATIONS WILL INHIBIT THOSE DISCUSSIONS,
INVADE THE MENTAL PROCESSES OF GOVERNMENT OFFICIALS, AND ADVERSELY
AFFECT THE QUALITY OF ADMINISTRATIVE DECISION MAKING. RECORDS
CONTAINING DELIBERATIVE PROCESS INFORMATION ARE CONFIDENTIAL AND
NEED NOT BE DISCLOSED. ACCORDINGLY, REQUESTS FOR INTERNAL, PRE
DECISIONAL RECORDS THAT ARE DELIBERATIVE IN NATURE, WILL BE DENIED
UNLESS THE CITY CLERK, AFTER CONSULTATION WITH THE CITY ATTORNEY,
DETERMINES THE REQUESTOR HAS ESTABLISHED, ON BALANCE, THE INTEREST
OF THE PUBLIC IN HAVING ACCESS TO THE RECORD OUTWEIGHS THE INTEREST
OF THE PUBLIC IN HAVING CITY BUSINESS CARRIED ON EFFICIENTLY AND
WITHOUT UNREASONABLE INTERFERENCE.]
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
Attachment "B" Regulations Concerning Public Record Inspections
Substitute Ordinance No. 2396 -2009 Page 4 of 6
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 expect an
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. 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
Attachment "B" Regulations Concerning Public Record Inspections
Substitute Ordinance No. 2396 -2009 Page 5 of 6
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 [UNDER CITY
OF KENAI MUNICIPAL CODE, SECTION 14.20.2901 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.
Approved by Ordinance No. 2396 -2009.
DATED: This 19th day of August, 2009.
ST:
Carol L. Freas, City Clerk
Attachment "B"
Substitute Ordinance No. 2396 -2009
C-Z
PAT PORTER, MAYOR
Regulations Concerning Public Record Inspections
Page 6 of 6
PUBLIC RECORDS REQUEST
CITY OF KENAI
Office of the City Clerk
210 Fidalgo Avenue
Kenai, Alaska 99611
cfreas@a ci.kenai.atus
Phone: (907) 283 -7535, ext. 231
Fax: (907) 283 -5068
Date:
Name:
Address:
City:
State:
Zip:
Email Address:
DOCUMENTS REQUESTED
I hereby request the following documents (be specific, i.e. dates, location(s), names of
report(s), etc. attach additional page if necessary):
and agree to pay the following
charge of twenty -five cents ($.25),
tax for the first CD and
tax for the first cassette
per requestor in a calendar
costs. An estimate will
If the actual costs are
the actual costs are less, the
production of records by
FOR OFFICE
Staff Member
charges for the documents
plus sales tax for each
$5.00 for each additional CD
tape and $5.00 for each additional
month exceeding five- person
be prepared and the requestor
greater than the estimate,
requestor will receive a refund
one requestor exceeds five person
USE ONLY
Research Time
(minutes)
requested: Copies Up to ten
additional page. Copies of audio
for each request. Cassette tape
cassette tape. I understand
hours, i.e. the fee is the City
must deposit the estimated
the records will not be released
of the difference. No fee for
hours in a calendar month
Date
(X or 1t) I acknowledge
pages are free. There shall be a
records to CD are $25.00 plus sales
recording copies are $25.00 plus sales
research is limited and will be charged
employee's actual salary plus benefit
production and copying fees in advance.
until the difference is paid and if
simple inspection, except when the
ursuant to AS 40.25.110 q.._
REQUEST ID NO.
Request received
Request reviewed
Records located
Fee calculated
Requestor notified
Documents provided
Amount
REQUEST IDENTIFICATION
NO.
(Year) (Sequence)