§ 2-152. Procedure.  


Latest version.
  • (a)

    Any person requesting access to any open public record for purposes of inspecting or copying such record, or obtaining a copy thereof, shall abide by the procedures adopted by the city council for record inspection and copying, including those procedures established by record custodians and authorized by the city council. Such procedures shall be posted in each city office keeping and maintaining open public records.

    (b)

    The following procedures are hereby adopted and shall be applied by each official custodian and record custodian:

    (1)

    Consistent with the policy, duties and procedures established by the Act, all city record custodians shall provide full access and assistance in a timely and efficient manner to persons who request access to open public records.

    (2)

    Record custodians shall adopt and apply open public record access and copy procedures consistent with the policies of the city and with the provisions of the Act. Specifically, such procedures will inform members of the public of the procedures to be followed in making a request for inspection or a copy of an open public record, including the hours during which record inspection or copy requests may be made; to whom a request is to be made; the forms to be completed in making a request; and the schedule of fees charged.

    (3)

    Record custodians shall adopt and apply procedures which will ensure the protection and preservation of public records with respect to the manner in which such records are inspected and copied.

    (4)

    Record custodians shall take necessary measures, not inconsistent with their duties, to provide full public access to open public records, and to ensure that the essential functions of the custodian's office, department or agency is not disrupted by requests for record inspection and copying.

    (5)

    All inspections and copying of open public records shall be performed by, or under the supervision of, the record custodian responsible for such records.

    (6)

    All persons requesting the inspection of or a copy of open public records shall make such request in writing prior to the request being honored, except that no form shall be required for requests made for records which have been reproduced for free public distribution.

    (7)

    Except as permitted otherwise by the record custodian, all record inspection and copying forms are to be completed by the person requesting the record. The record custodian may demand reasonable identification of any person requesting a record.

    (8)

    Any fees for record inspection or for copies are due at the time the records, or copies thereof, are provided to the requester, unless the record custodian has demanded that prepayment of all or part of such fees be made pursuant to section 2-182. Fees are to be paid to the record custodian.

    (9)

    The record custodian shall notify the record requester, prior to commencing search of the record or copies thereof, of his estimate of the fee which will be made for honoring the request whenever such estimate exceeds $100.00.

    (10)

    The record custodian shall determine and assess a charge covering mailing and handling costs accrued in responding to requests received and processed through the mail.

    (11)

    The record custodian may exercise his discretion to reduce or waive any inspection or copying fees when such is in the public interest.

    (12)

    Removal of open public records from the office where kept and maintained, for purposes of inspection or the making of copies shall be permitted only with the written permission of the record custodian.

(Code 1967, § 2-88; Ord. No. 1231, § 1, 12-19-1994; Ord. No. 1583, § 1, 11-26-2007)