Guidelines for Responding to Open Records Requests
It is important that the University respond to requests under Kentucky's Open Records Act in a timely manner. To make sure this happens, the Administrative Council has adopted the following guidelines:
Introduction
The Kentucky Open Records Act was enacted by the General Assembly in 1976 and was amended in 1986 and 1994. The Open Records Act contains the following statement of policy:
The General Assembly finds and declares that the basic policy of KRS 61.870 to 61.884 is that free and open examination of records is in the public interest and the exceptions provided for by KRS 61.878 or otherwise provided by law shall be strictly construed, even though such examination may cause inconvenience or embarrassment to public officials or others. KRS 61.871
As a public agency, Western Kentucky University is required to abide by provisions of the Commonwealth's Open Records Act. WKU complies with the letter and spirit of the act and these guidelines serve to establish procedures for handling open records requests. Consideration and submission of open records requests must be expedited and handled according to this policy and its procedures to ensure access to any protection under the law. Most WKU records, with a few exceptions, are public information and open for the public's inspection. Requests are most commonly made by the news media, but may be made by individuals or organizations.
Guidelines for responding to open records requests are intended to specify the responsibility of each university employee, the responsibility of the institution and the process to be undertaken when open records requests are filed for university records.
These guidelines have been developed to ensure the University responds to open records requests in an accurate, timely, consistent and open manner. State law requires an agency response to the requestor within 72 hours (excluding Saturdays, Sundays, and legal holidays.)
Guidelines
Copies of university information covered by the Open Records Act may be obtained by a written request to the President, Assistant Vice President for University Relations or University Counsel.
All requests to review university records should be forwarded immediately to the Assistant Vice President for University Relations and the University Counsel. The University's three-day response period begins when the request is received by the University, not when it is received in the Office of University Relations.
University Relations will work with appropriate campus units to determine which records are covered under the Open Records Act. University Relations will consult with University Counsel on requests for which the law is ambiguous or unclear. Public Affairs will also consult with University Counsel in matters related to requests for personnel and employment records.
Only representatives of the Office of the President, University Relations or Office of the University Counsel should release official university records or information in response to an open records request.
University Relations will provide full copies of the University's official response to an open records request to the following campus officers:
President
Appropriate member(s) of the Administrative Council
Academic Dean (when appropriate)
Department Head (when appropriate)
Affected faculty or staff member
Director of Media Relations
Director of Sports Information (when appropriate)
University Counsel
The Assistant Vice President for University Relations will draft the University's official response to all Open Records Requests and determine if a reasonable fee for copies of nonexempt public records is to be charged.
Charges, if deemed appropriate, will be billed on the following schedule:
*For 50 or fewer pages of readily available information, 10 cents/page
*For more than 50 pages of readily available information, 15 cents/page
*For information deemed not to be readily available, 15 cents/page plus actual labor costs incurred in providing the requested information
Official files related to open records requests will be maintained in the Office of University Relations.
Questions regarding these guidelines should be directed to the Assistant Vice President for University Relations or the University Counsel.
Submitting Open Records Requests
The University is committed to responding in a timely manner to requests filed under Kentucky's Open Records Act.
To ensure that the request is handled properly, the University has adopted the following guidelines:
Requests for information covered by the Open Records Act may be obtained by a written request to the President, Assistant Vice President for University Relations or University Counsel. The offices of the President and University Counsel are located in the Wetherby Administration Building; the Assistant Vice President for University Relations is located in Van Meter Hall.
Only representatives of the Office of the President, University Relations or Office of the University Counsel will release official university records or information in response to an open records request.
The Assistant Vice President for University Relations will draft the University's official response to all Open Records Requests and determine if a reasonable fee for copies of nonexempt public records is to be charged.
Charges, if deemed appropriate, will be billed on the following schedule:
Questions concerning Open Records Requests should be director to Bob Edwards, Assistant Vice President for University Relations (270-745-5428) or Deborah Wilkins, University Counsel (270-745-4143).