The library, as a public agency, is required to comply with all applicable state and federal laws and regulations related to Open Records. KRS 61.870 through KRS 61.884 covers the Kentucky General Assembly’s intent regarding Open Records.
These statutes are further clarified, as necessary, by decisions of the Office of Attorney General.
Requests for records
The Library Director (or designee) acts as Custodian for all Open Records Requests. KRS 61.870(5) The Records Custodian shall ensure compliance with the Kentucky Open Records Act, 200 KAR 1:020, this Policy, and all relevant requests.
Requests must be in writing and must contain the requestor’s name and a description of the documents that are being requested. A form for this purpose is provided, however, the use of this form is not required for an open records request, but the request letter must contain the same information. Form OAG-01, Request to Inspect Public Records form may also be used. KRS 61.872(2)
Mailed requests must be addressed to:
Paul Sawyier Public Library
ATTN: OPEN RECORDS REQUEST
319 Wapping Street
Frankfort, KY 40601
Requests may be delivered in person to the same address. Requests may also be delivered by fax to (502) 223-5477 or emailed to email@example.com
Open Records Requests made through any other means will not be honored. The requestor will be directed to make the request through one of the acceptable methods.
A public agency has five days (excluding Saturdays, Sundays, and legal holidays) in which to respond to an Open Records Request. This time begins to expire the day after the request is received. KRS 61.880(1)
The response to a request ideally will contain the materials collected but may instead indicate a reasonable timeframe for securing the requested documents or a reason why the request will not be met. KRS 61.880(1)
On site examination of records
Individuals requesting information will be allowed to conduct on-site inspection of records during the regular office hours of administration staff (10 am until 4 pm, Monday through Friday). An on-site inspection may be required by the library if the request is not specific in nature or if the requestor resides or maintains an office within Franklin County. KRS 61.872(3)(a)
The library will not honor requests for personnel or medical records for past or present employees nor the circulation records for individual patrons. KRS 61.878(1)(a)
Denial of request
In some cases, the library may find that a request creates an unreasonable burden and deny the request. Requests that the library believes are intended to disrupt its essential functions may also be denied. In these cases, the library will provide evidence to the requestor of the basis of its belief and notice of the refusal will be reported to the Office of the Attorney General. Evidence may include an estimation of time/expense to retrieve the records or a duplication in the type/nature of the request. KRS 61.872(6)
Charges for requested documentation
Copies, prints and scans of any requested materials may be provided at a cost of $0.15 per page for black and white or $0.35 per page for color. Requests for specialized copies (i.e. oversized copies) will be provided at the cost incurred by the library to produce them. Payment is expected prior to the delivery of the requested pages along with postal costs, as necessary. KRS 61.872(3)(b)
The library may also charge for staff time in manipulating records in order to produce a desired format.
The library will maintain and retains records in accordance with applicable laws and regulations.
Such practices will include the permanent retention of:
- Annual budgets
- Auditor reports
- Blueprints (duplicate copies may be discarded)
- Board meeting minutes and agendas
- Financial records (not including invoices)
- Library policies
- Official correspondence
- Payroll records
Other records not specifically noted or required by applicable laws may be retained or discarded according to applicable timetables.
Destruction of documents
The library destroys documents regularly as a part of its record retention schedule. Once a document has been retained for a sufficient time to satisfy its retention cycle, it is subject to destruction at any time. The Library Director acts as the Custodian for the library’s official documents and will ensure that the schedule of retention and destruction of records is maintained.
A Records Destruction Certificate will be completed and filed with the Kentucky Department for Libraries and Archives’ Records Division whenever documents are destroyed according to the retention schedule.
Adopted by the Board of Trustees
July 13, 2021