The City Utility Commission of the City of Owensboro, Kentucky (“Commission”) does hereby adopt the following Rules and Regulations governing requests for inspection of Public Records of the Commission and Owensboro Municipal Utilities (“OMU”) pursuant to KRS 61.876 and all other applicable law.
Requests for Public Records
The principal office of OMU is the Customer Service Center located at 2070 Tamarack Rd., Owensboro, KY 42301. Its regular office business hours are from 8:00 AM until 4:30 PM from Monday through Friday, except for holidays.
The Official Custodian of the public records of OMU is the Public Relations and Communications Manager, Sonya Dixon. Her mailing address is 2070 Tamarack Rd., Owensboro, KY 42301 and her email address is: firstname.lastname@example.org.
A request to inspect public records must be submitted in writing and signed by the requestor. A form for making a request is available at the offices of OMU at 2070 Tamarack Rd., Owensboro, KY 42301 (“OMU’s Office”) and is also available below.
The request may be submitted to the Official Custodian by delivery to OMU’s Office, by email to email@example.com, or by mail addressed to:
Public Relations & Communications Manager
Open Record Requests
2070 Tamarack Rd.
Owensboro, KY 42301
If a public record is not available when requested the Official Custodian will notify the requestor of a date and time for inspection or production of the public record which shall not exceed five days from the receipt of the request, unless a detailed explanation of the cause for further delay is given and the place, time, and earliest date on which the public record will be available for inspection is provided.
Contents of a Request
A request for inspection of public records may be made by any resident of the Commonwealth of Kentucky and shall contain the name of the requesting party, the mailing or email address of the requesting party if copies of records are requested, and the signature of the requestor.
The request shall state whether the request is made for a “commercial purpose.” A “commercial purpose” means the direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent, or lease of a service or any use by which the user expects to profit either through commission, salary, or fee. There are exceptions for news media, and use in litigation. See KRS 61.870(4)(b).
If a requestor wishes to view the documents at OMU, the requestor must schedule a time during the regular business hours at OMU’s office to allow OMU sufficient time to obtain the records identified in the request.
A request must precisely describe the records sought in sufficient detail to permit OMU to identify and locate any records responsive to the request. If the request does not contain sufficient detail, the requestor will be asked to clarify the request in writing and this may delay the production of the documents sought.
A request must contain a statement by the person making and signing the request that the person is a resident of the Commonwealth of Kentucky and explaining how the requestor qualifies as a resident. A “resident of the Commonwealth” means:
- An individual residing in the Commonwealth;
- A domestic business entity with a location in the Commonwealth;
- A foreign business entity registered with the Secretary of State;
- An individual that is employed and works at a location or locations within the Commonwealth;
- An individual or business entity that owns real property within the Commonwealth;
- Any individual or business entity that has been authorized to act on behalf of an individual or business entity defined in paragraphs (a) to (e), above; or
- A news-gathering organization as defined in KRS 189.635(8)(b)1.a. to e.
Records Requested for a Commercial Purpose
If public records are requested by a person who intends to use them for a commercial purpose, the requestor must certify the commercial purpose for which the records will be used and OMU may require the requestor to enter into a contract with OMU which includes the fees to be charged for the records.
It is unlawful for a person to obtain a copy of a public record for a commercial purpose without stating the purpose, or to use or knowingly allow another use of the public record for a different commercial purpose, or to obtain a public record for a noncommercial purpose and then use or knowingly allow its use for a commercial purpose. KRS 61.874(5)
OMU has established the following fees for copies of public records for a noncommercial purpose:
- 8.5 x 11 inch paper — $0.10
- 11 x 17 inch paper — $0.20
- Nonstandard — Actual costs including staff costs
Fees for public records requested for a commercial purpose will be determined in a manner consistent with KRS 61.874(4)(c).
All fees for copies must be paid before the copies are released to the requestor.
A detailed invoice showing the fees and the cost of postage payable will be presented to the requestor, or for mailed requests will be mailed to the requestor. Payment of the entire invoice must be received by OMU before documents are released or sent to the requestor.
Liability for Damages
A person who violates any of the provisions in subsections (2) through (6) of KRS 61.874 shall be liable to OMU for damages under the provisions of KRS 61.8745. The damages shall consist of an amount three times the amount that would have been charged for copies of the public records if the actual commercial purpose for which they were obtained had been stated, any costs and reasonable attorney’s fees incurred by OMU, and any other penalty established by law.
Exclusion of Certain Public Records
Certain Public records are excluded from the application of the Kentucky Open Records Act, KRS 61.870 to 61.884. These exceptions to the right to inspect public records are set out in KRS 61.878 and any records covered by these exclusions may only be inspected upon an order of a court of competent jurisdiction.
OMU will advise a requestor if any records or portions of records which have been requested are exempt from inspection under a provision or provisions of KRS 61.878. OMU’s response will be in writing and will generally describe the records which are claimed as exempt and cite the specific exemption or other law which excludes them from inspection.
OMU may refuse to permit inspection of public records or to mail copies if the request places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency.