Walker |
Code of Ordinances |
Chapter 2. ADMINISTRATION |
Article III. POLICY AND PROCEDURE FOR PUBLIC RECORDS ACCESS |
§ 2-302. Policy.
All public records request responses must be reviewed by the city attorney prior to the response being provided to the requestor.
(a)
Request for public inspection. Public records shall be made available for public inspection during the normal business hours of the city. A request for public inspection shall be made in writing and shall include the following information.
(1)
The name and address of the person requesting the inspection of the public record.
(2)
The date and time of the request.
(3)
The name, title or description of the document or record. (The name, title or description must "reasonably describe an identifiable record").
(4)
The request for public inspection shall be presented to the official or employee having custody of the record being sought.
(b)
Determination that public record is available for inspection. Upon receiving a request for public inspection, the official or employee having custody shall determine if the record can be identified from the description and whether it is available. If the record can be identified and is available, the official or employee shall then determine if the record is among any of the classes of records that are exempt from public inspection.
(c)
Exemptions. The courts have ruled that certain records may be exempt from the Public Records Law because the nature of the information is so personal that the disclosure of the records would constitute an invasion of privacy, according to Article 1, Section 5 of the Louisiana Constitution.
Exemptions are including, but not limited to:
(1)
Police records pertaining to pending or reasonably anticipated criminal litigation.
(2)
Home address and telephone records of public employees when the employees request that they be kept confidential, and medical and insurance records of public employees.
(3)
Any tax return or the information contained in any tax return. However, the name and address of any person who obtains an occupational license, the information on the license and information as to whether an occupational license has been issued to a particular person shall be public records.
(d)
Inspection of identifiable and available non-exempt public record. If a public record is identified and available, and is not exempt from public inspection, the official or employee having custody of the record shall provide the person requesting the inspection any opportunity to examine the record in the presence of, or under the supervision of the official or employee having custody. The official or employee charged with custody of the record shall not relinquish control of the record at any time during inspection.
(e)
Record is not properly identified, or is not available. If the record cannot reasonably be identified from the description provided, or if the record is not available at the time of the request, the official or employee receiving the request shall inform the person making the request of that fact. If the record could not be identified, the official or employee may provide reasonable assistance to identify the record sought.
If, after a reasonable amount of assistance, the record still has not been identified, the person seeking the record may request the official or employee to undertake a record search. A request for a record search must be accompanied by a deposit estimated by the custodian of the record to reasonable cover the direct cost of such search. If the actual direct cost of the record search is less than the amount deposited, the balance shall be refunded to the person making the deposit.
If the record has been identified, but is not available; the person seeking access to the record shall be informed of the reason the record is not available and, if known, the location of the record and the time when the record will become available.
If the official or employee having custody of the record determines that the record is among the classes of records that are exempt from public inspection, the person seeking the record shall be informed immediately of the basis for the exemption, and denied access. If requested, the name and title of the official denying access shall be provided.
Any doubt or uncertainty whether the record is among the classes of records that are exempt shall be referred to the mayor for determination. The judgment of the mayor as to whether the record is among the classes of exempt records shall be final with respect to the city. In making such determination, the mayor may rely on the city attorney.
(f)
Request for a copy of the record. Any person may request a copy of a public record. Such request must be accompanied by payment of the direct cost of making the copy.
Fee for the service is set at the end of this policy. If, at any time the request for a copy is made, the custodian of the record has not determined whether the record is available, or is exempt, such determination must be made as soon as possible, but within seventy-two (72) hours from the date of request. Under "unusual circumstances", up to an additional seventy-two (72) hours may be allowed in which to make the determination. If the request for a copy is denied, the person making the request shall be informed in writing of the reason for denial, and provided the name and title of the official determining the denial.
At the discretion of the city, and subject to the availability of facilities and means to accomplish it, a person may request copies to be made on media other than printed documents including, but not limited to:
Magnetic video or audio tape, computer formatted CDs, photographs, optical character scanners, or similar devices. Such requests must also be accompanied by payment of the direct cost of the city providing the copy.
(g)
Duty to protect town files from unauthorized examination. Under the Public Records Act, the public is not authorized to freely examine the files of the city in search of records. The city's files may contain records that are privileged or protected under state or federal law, or the disclosure of which would constitute an unreasonable invasion of the right to privacy. The disclosure of any record that is exempt, whether intentional or not, may result in a waiver of the exemption. For these reasons, city officials and employees have a duty to protect city files from unauthorized examination by members of the public and must consult with the city attorney before examination.
(Ord. No. 03-2013-04, 3-11-2013)