Open Records

OPEN RECORDS

  1. It is the official policy of the Liberal Memorial Library that all public records maintained by the library are to be accessible to the public for inspection and copying and that the provisions of the Kansas open records act, K.S.A. 45-215, et seq. shall be enforced. The following define the conditions related to required access and the charging of copy fees for reproductions of records which may be requested.
    1. The official custodian of the open public records of the library will be the library director.
    2. No original public records shall be removed from the custody of the official custodian without the written permission of the official custodian.
    3. Each request for access to public record shall be acted upon as soon as possible, but not later than the end of the third library business day following the date the request is received.
    4. A business day shall mean Monday through Thursday from 9:00 a.m. to 8:00 p.m., Friday from 9:00 a.m. to 5:00 p.m., and Saturday from 9:00 a.m. to 1:00 p.m., except for the holidays as specified by the board each year.
    5. If explanation of the cause for further delay, and the place and earliest time and date that the record will be available for inspection.
    6. If access to the public record is not granted, the library director shall, upon request provide a written statement of the grounds for denial and shall cite the specific provision of law under which access is denied. Said written statement shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received.
    7. Fees shall be charged for the provision of access to and the copying of public records. The fee shall be one dollar per page.
    8. A request for copies of public records shall be in writing and the requester shall be required only to furnish his or her name and address, proof of identity if necessary, and the information needed to ascertain the records desired.
    9. Copies of public record shall be made while the records are in the possession, custody, and control of the library director and shall be made under the supervision of the library director.
  2. Certain records held by libraries are specifically exempt in K.S.A. 45-22l (a) and, therefore, are not required to be disclosed. It is the policy of the Library Board that the following discretionary records are not available to the public, either for inspection or copying:
    1. Personnel records, performance ratings, or individually identifiable records pertaining to employees or applicants for employment in public agencies. K.S.A. 45-221 (a) (4)
    2. Library patron registration records and circulation or loan records which pertain to identifiable individuals. K.S.A. 45-22l (a) (23)
    3. Library, archives and museum materials contributed by private parties, if restrictions have been imposed as conditions of a contribution. K.S.A. 45-221 (a) (7)
    4. Building security information. K.S.A. 45-22l (a) (12)
    5. Correspondence between the library and a private individual. K.S.A. 45-221 (a) (14)
    6. Software programs for electronic data processing; however, each public agency must maintain a register which describes the information stored in computer accessed format. K.S.A.45-221 (a) (16)
    7. Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy. K.S.A. 45-22l (a) (30)
  3. Such exempt records as listed in a through g above shall not be made available to any person or agency of state, federal or local government except pursuant such process, order or subpoena as may be authorized under the authority of, and pursuant to federal, state or local law relating to civil, criminal or administrative discovery procedures or legislative investigative power.
  4. Any such process, order or subpoena for closed records must be submitted to the library director personally, or in the absence of the director, the chairperson of the library board.
  5. Upon receipt of such process, order or subpoena, the library director or board chairperson will consult with the library’s legal counsel to determine if such process, order or subpoena is in proper form and if there is a showing of good cause for its issuance. If the process, order or subpoena is not in proper form or if good cause has not been shown, he/she will insist that such defects be cured before materials are made available for inspection or copying.
  6. Neither the Liberal Memorial Library nor any officer or employee shall be liable for damage for failure to disclose a record. K.S.A. 45-223
  7. The officials, officers and employees of the Liberal Memorial Library charged with the custody or having in their custody the following records, documents, or other papers may destroy the same after they have been on file for the period stated: K.S.A. 12-120
    1. Claims (and the purchase orders thereto attached) presented and allowed by the governing body of the board authorized to allow such claims, fifteen (15) years.
    2. Warrants or warrant checks, whether originals or duplicates, that have been stamped or marked paid as provided by law, five (5) years.
    3. Duplicates of receipts or stubs of receipts issued, five (5) years.
    4. Bonds of officials, officers, or employees, ten (10) years, the period to begin at the date of the termination of the term or employment.
    5. Insurance policies, five (5) years, the period beginning at expiration of the policy unless a claim is pending.
    6. Canceled checks, five (5) years.
    7. Requisition and duplicate purchase orders, five (5) years.
    8. Bonds and coupons stamped paid or canceled and returned by the state fiscal agent, five (5) years, the period beginning at the date of maturity of the bond or coupon.