Open Records and Records Retention

Last Updated:
Type(s):
Public Policies
Audience(s):
Adults

Madison County Public Library 

Open Records and Records Retention Policy (July 2021)

The Madison County Public Library is subject to the Kentucky Open Records and Open Meetings Act (KRS 61.870-61.884) and certain requirements with regard to records retention.

Requests for Records

The Madison County Public Library Director (or designee) acts as Custodian for all of the library’s public records and Open Records Requests (KRS 61.870(5)). 

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, but not required (KRS 61.872(2)).

 

Mailed requests must be addressed to:

Madison County Public Library

ATTN: Open Records Request

507 West Main Street

Richmond, KY 40475

 

Requests may be delivered in person to the same address. Requests may also be delivered by fax to 859-623-2032 or emailed via our contact form. Open Records Requests made through any other means will not be accepted. 

 

Response

The Madison County Public Library has five business days in which to respond to an Open Records Request. This time period begins to expire the next business day 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

To the extent a request is granted, Individuals requesting information will be allowed to schedule a time to conduct on-site inspection of non-exempt records during the regular office hours of 9AM-5PM, Monday through Friday.  An on-site inspection may be required by the library if the request is not specific in nature or the requestor resides or maintains his or her principal place of business within Madison County (KRS 61.872(3)(a)).

During on-site inspection, a requester may copy non-exempt public records, but may not remove, alter, or add to documents provided for review. The library is responsible for protecting the security of public records in its custody, and may require that a staff member be present during any inspection or copying of its public records.

 

Exempt Records

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)) Open Records do not include any records owned by a private person or corporation in possession of the library or one of its employees. 

Non-public or exempt information may be redacted as appropriate from copies of otherwise non-exempt public records provided. 

 

Denial of Request

Under certain circumstances, 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. To the extent a request is denied, the library will provide evidence to the requester on 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 time/nature of the request (KRS 61.872(6)).

 

Charges for Requested Documentation

To the extent the request is granted, copies, prints, and scans of any requested materials may be provided at a cost of $0.10 per page for black and white or $0.50 per page for color. Requests for specialized or non-standard copies will be provided at the cost incurred by the library to produce them. Payment is expected prior to delivery of the requested pages along with postage costs, as necessary (KRS 61.872 (3)(b)). 

The library may also recover costs associated with staff time expended in responding to a request.

 

Retained Records

The library will maintain and retain records in accordance with applicable laws and regulations.

Such practices will include the permanent retention of:

  • Annual budgets
  • Audit reports
  • Blueprints (duplicate copies may be discarded)
  • Board meeting minutes and agendas
  • Financial records (not including invoices) 
  • Library policies
  • Official correspondance 

 

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 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 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. 

 

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