A LOJIC-al Approach to Providing GIS Products and Services
Jane M. Poole
Abstract - A LOJIC-al Approach to Providing GIS Products and Services
The Commonwealth of Kentucky enacted legislation
in 1992 establishing a fee structure for public records used in a commercial
purpose that allows public agencies to recoup the cost to create and maintain
a Geographic Information System (GIS) database as well as the cost to create
products displaying the geographic information. The Louisville and Jefferson
County Information Consortium (LOJIC), a partnership between the Metropolitan
Sewer District (MSD), Louisville City Government, Jefferson County Government,
the Jefferson County Property Valuation Administrator (PVA), and the Louisville
Water Company uses this legislation as a guide in developing fees for products
and services.
Developing Product Fees
In 1991, realizing that LOJIC planimetric and topographic
base map data was useful to many segments of our community outside of the
Consortium partners, LOJIC began making map products available to the public
and private sector for reasonable fees. Following guidelines established
by Kentucky Revised Statute (KRS) 61 on Open Records, fees were developed
for these products. Today, in addition to the planimetric and topographic
data, products containing property, flood insurance rate mapping (FIRM),
political boundaries, and zoning data are obtainable from several LOJIC
agencies.
Types of LOJIC Products
The types of products produced by LOJIC agencies
are standard map products, custom map products, and custom digital data
products. Standard map products have been created for use within an agency
and have set scales and data layers. Entities outside of the Consortium
partners find these maps useful and can purchase copies of them. One example
of a standard map product available from a LOJIC partner is the planimetric
and topographic map series at 1 inch equals 100 feet scale and 1 inch equals
200 feet scale. Other standard map products include aerial photographs,
a zoning map series, a property block map series and a political boundary
map set. Custom maps products are created for a requester covering their
area of interest with user specified scales and data layers.Custom digital
data products contain data extracted from published database layers for
a specified area of interest in user specified formats (DXF or ArcInfo).
Purposes to Use LOJIC Products
There are two purposes for which LOJIC products
can be used: commercial and non-commercial. A commercial purpose is defined
by KRS 61.870, Section 4 (a) and (b) as:
- ``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 a profit either through commission,
salary, or fee.
- A Commercial purpose shall not include:
- 1. Publication or related use of a public record by a newspaper or
periodical;
- 2. Use of a public record by a radio or television station in its news
or other informational
- programs; or
- 3. Use of a public record in the preparation for prosecution or defense
of litigation, or
- claims settlement by the parties to such action, or the attorneys representing
the parties.''
If a product is used for a commercial purpose,
a component that represents cost recovery for the creation and maintenance
of the data can be incorporated into the product fee. A typical commercial
purpose of a LOJIC products is for use in the development of a site plan
by a engineer or surveyor under contract by a property owner. A typical
non-commercial purpose is for a property owner to use the product for general
reference or for use by a public agency that is not a Consortium partner.
It is important to note that this commercial or non-commercial purpose
distinction is based on the use of the product and not the commercial or
non-commercial nature of the requester. Therefore a commercial entity can
purchase a product that does not include the data cost recovery fee component
if the product will not be used for a commercial purpose. An example of
this would be when a business purchases a product showing property it owns
and use it internally for general reference. Likewise, a non-commercial
entity that intends to use a product for a commercial purpose would be
charged the data cost recovery fee component. An example of this would
be when a property owner uses a LOJIC product to sell property shown on
the product.
Fee Components for Non-Commercial Purpose Products
KRS 61 states that fee components for non-commercial
purpose standard map products can only include the costs of media and mechanical
processing costs, but not the cost of staff time used to reproduce the
product. However, if the request is for a product in a nonstandardized
or custom format, the cost of staff can also be used as a fee component.
The data cost recovery fee component cannot be used in any non-commercial
purpose product fee.
Fee Components for Commercial Purpose Products
KRS 61 also establishes the fee components for
commercial purpose products. The KRS 61.874, Section 4 (c) states the one
or both of these fee components can be used in deriving a commercial purpose
product fee:
- ``1. Cost to the public agency of media, mechanical processing, and
staff required to produce a copy of the public record or records;
- 2. Cost to the public agency of the creation, purchase, or other acquisition
of the public records.''
LOJIC consistently incorporates both of these options
in the fee development of all commercial purpose products even for products
that must be reproduced by a contractor for LOJIC. Aerial photographs cannot
be reproduced from the negatives by LOJIC, so in a commercial use a data
cost recovery fee called a usage fee is charged. Contractor processing
fees are passed directly to the requester. Therefore, LOJIC product fees
for commercial purpose products are comprised of four fee components: media,
mechanical processing, staff time, and data cost recovery.
Media Fee Component
Currently LOJIC provides hardcopy maps on paper
and mylar. Digital data can be placed on several types of magnetic media
including 3 1/2'' diskettes, 4mm or 8mm magnetic tapes and compact discs
(CD). Fees reflect the cost of the media to the LOJIC agency that are passed
on to the requester. Part of this fee could be based on the cost of the
equipment used to put a product on media like a plotter, printer, or CD
Writer.
Mechanical Processing Fee Component
For standard map products that are reproduced on
copying machines, fee have been established based on the general wear-and-tear
and maintenance of the machines. Products that are created using a computer
system have a mechanical processing fee based on the system resource units
(SRU) used in product creation. The SRU is based on the computer processing
units (CPU) used to create a product and the cost of the equipment used
in product creation, excluding the equipment used to put a product on media.
Staff Time Fee Component
Staff time fees reflect the amount of time staff
used to create a product. This includes staff time used in showing a requester
different custom map or digital data parameters through the use of special
software applications on the computer as well as the actual product creation
time.
Data Cost Recovery Fee Component
Probably the most difficult fee to calculate, the
data cost recovery fee is based on the cost of the creation and maintenance
or the acquisition of the data. All LOJIC data is copyrighted. Therefore,
data fees vary based on the reproducibility of a product. The fee associated
with data shown on a non-reproducible map is approximately one fourth the
same data shown on a reproducible map. That same data in digital form is
approximately four times the reproducible map equivalent.
Data recovery cost for data layers have been derived
by dividing the total cost of the creation of the layer or layers by the
number of tiles of data that were created. A tile in the LOJIC database
corresponds to a 12,000,000 square feet grid cell that is 4000 feet by
3000 feet. There are 990 tiles covering all of Jefferson County. The property
database cost approximately 1.5 million dollars to create these 990 tiles
of data or approximately $1,515.00 per tile. LOJIC has established a reduction
of the total creation cost of 67% to insure a reasonable fee or, in the
case of the property database, $1,000 per tile of digital data. Converting
to acres, the data recovery cost for property digital data is $3.63. Data
on a reproducible custom plot is approximately one fourth the cost of digital
or $0.91 per acre, and data on a non-reproducible cost is reducing on fourth
again or $0.22 per acre. See Open Records Fee Schedule for Products and
Service in the Appendix for the cost of the planimetric and topographic
data.
Product Cost Comparisons
The following are tables showing the cost comparison
between commercial and noncommercial fees for custom map and digital products.
This comparison is based on products containing 120 acres of planimetric,
topographic and property data.
Cost Recovery Fees from LOJIC Products
Cost recovery generated from LOJIC Products over
the past six years is shown in Figure 1.
Figure 1. Cost Recovery Generated from LOJIC
Products.
Over the past five years, LOJIC has steadily been
generating more cost recovery fees reaching about $110,000 in 1996 with
a five year total of over $550,000. In 1994, the Louisville Water Company
made several large LOJIC product purchase for a cost of $90,000. Their
reliance on LOJIC data prompted them into becoming a partner of the LOJIC
Consortium on 1996.
In 1996, 1093 requests were received and completed
by LOJIC Products Staff, and 40% of those request were for a commercial
purpose. (Figure 2).
Figure 2. Product Requests in 1996.
However, fees received for those commercial purpose
requests accounted for 92% of all fees. (Figure 3)
Figure 3. Cost Recovery Fees in 1996.
The data recovery fee component contributes to
this large gap between commercial and non-commercial purpose cost recovery
fee. This information only reflects products acquired from LOJIC products
mainly containing planimetric and topographic data. Cost recovery fees
are charged by the PVA for Property products, the Jefferson County Division
of Planning and Development Services for Zoning maps, and the Jefferson
County Board of Elections for Political District maps.
Future LOJIC Products
Upcoming LOJIC published databases that will be
available on products are the MSD sanitary sewers and rectified imagery
at one, five, and fifteen foot resolutions. They are currently in the data
fee development and justification process and should both be available
soon. Future products may include a Jefferson County Atlas series showing
various information about the county at 1 inch equals 1 mile scale, a series
of Compact Discs with viewing software containing Geocoded (i.e., Street
Centerline data), Property, Sanitary Sewers and Zoning information. Future
plans also include the querying and downloading of data through the Internet,
making LOJIC data accessible to users nationwide and worldwide.
Summary
KRS 61 establishes guidelines for public agencies
to develop product fees. Non-commercial purpose standard product fees contain
fee components for media costs and mechanical processing costs. Non-commercial
purpose custom products additionally include a staff time fee component.
All commercial purpose products (standard map, custom map, and digital
data) fees are comprised of four fee components: media, mechanical processing,
staff time, and data cost recovery.
Appendix
KENTUCKY REVISED STATUTES
OPEN RECORDS KRS 61.870 - 61.884
As Modified and Effective on July 15, 1994
61.870. Definitions for KRS 61.872 to 61.884.
As used in KRS 61.872 to 61.884, unless the context
requires otherwise:
- (1) ``Public agency'' means:
- a) Every state or local government officer;
- b) Every state or local government department, division, bureau, board,
commission, and authority;
- c) Every state or local legislative board, commission, committee, and
officer;
- d) Every county and city governing body, council, school district board,
special district board, and municipal corporation;
- e) Every state or local court or judicial agency;
- f) Every state or local government agency, including the policy-making
board of an institution of education, created by or pursuant to state or
local statute, executive order, ordinance, resolution, or other legislative
act;
- g) Any body created by state or local authority in any branch of government;
- h) Any body which derives at least twenty-five percent (25%) of its
funds expended by it in the Commonwealth of Kentucky from state or local
authority funds;
- i) Any entity where the majority of its governing body is appointed
by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f),
(g), (h), (j), or (k) of this subsection; by a member of employee of such
a public agency; or by any combination thereof:
- j) Any board, commission, committee, subcommittee, ad hoc committee,
advisory committee, council, or agency, except for a committee of a hospital
medical staff, established, created and controlled by a public agency as
defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i) or (k)
of this subsection; and
- k) Any interagency body of two (2) or more public agencies where each
public agency is defined in paragraph (a), (b), (c), (d), (e), (f), (g),
(h), (i), or (j) of this subsection;
- (2)``Public record'' means all books, papers, maps, photographs, cards,
tapes, discs, diskettes, recordings, software, or other documentation regardless
of physical form or characteristics, which are prepared, owned, used, in
the possession of or retained by a public agency. Public record shall not
include any records owned or maintained by or for a body referred to in
subsection (1)(h) of this section that are not related to functions, activities,
programs, or operations funded by state or local authority;
- (3)(a)``Software'' means the program code which makes a computer system
function, but does not include that portion of the program code which contains
public records exempted from inspection as provided by KRS 61.878 or specific
addresses of files, passwords, access codes, user identifications, or any
other mechanism for controlling the security or restricting access to public
records in the public agency's computer system.
- (b)``Software'' consists of the operating system, application programs,
procedures, routines, and subroutines such as translators and utility programs,
but does not include that material which is prohibited from disclosure
or copying by a license agreement between a public agency and an outside
entity which supplied the material to the agency;
- (4)(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 a profit
either through commission, salary, or fee.
- (b)``Commercial purpose'' shall not include:
- 1. Publication or related use of a public record by a newspaper or
periodical;
- 2. Use of a public record by a radio or television station in its news
or other informational programs; or
- 3. Use of a public record in the preparation for prosecution or defense
of litigation, or claims settlement by the parties to such action, or the
attorneys representing the parties;
- (5) ``Official custodian'' means the chief administrative officer or
any other officer or employee of a public agency who is responsible for
the maintenance, care and keeping of public records, regardless of whether
such records are in his actual personal custody and control;
- (6)``Custodian'' means the official custodian or any authorized person
having personal custody and control of public records;
- (7)``Media'' means the physical material in or on which records may
be stored or represented, and which may include, but is not limited to
paper, microform, disks, diskettes, optical disks, magnetic tapes, and
cards; and
- (8)``Mechanical processing'' means any operation or other procedure
which is transacted on a machine, and which may include, but is not limited
to a copier, computer, recorder or tape processor, or other automated device.
61.871.Policy of KRS 61.870 to 61.884 - Strict
construction of exceptions of KRS 61.878. The General Assembly finds
and declares that the basic policy of KRS 61.870 to 61.884 is that free
and open examination of public 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.
61.8715.Legislative findings.
The General Assembly finds an essential relationship between the intent
of this chapter and that of KRS 171.410 to 171.740, dealing with the management
of public records, and of KRS 61.940 to 61.957, dealing with the coordination
of strategic planning for computerized information systems in state government;
and that to ensure the efficient administration of government and to provide
accountability of government activities, public agencies are required to
manage and maintain their records according to the requirements of these
statutes. The General Assembly further recognizes that while all government
agency records are public records for the purpose of their management,
not all these records are required to be open to public access, as defined
in this chapter, some being exempt under KRS 61.878.
61.872.Right to inspection - Limitation.
- (1) All public records shall be open for inspection by any person,
except as otherwise provided by KRS 61.870 to 61.884, and suitable facilities
shall be made available by each public agency for the exercise of this
right. No person shall remove original copies of public records from the
offices of any public agency without the written permission of the official
custodian of the record.
- (2) Any person shall have the right to inspect public records. The
official custodian may require written application, signed by the applicant
and with his name printed legibly on the application, describing the records
to be inspected. The application shall be hand delivered, mailed, or sent
via facsimile to the public agency.
- (3) A person may inspect the public records:
- (a) During the regular office hours of the public agency; or
- (b) By receiving copies of the public records from the public agency
through the mail. The public agency shall mail copies of the public records
to a person whose residence or principal place of business is outside the
county in which the public records which are located after he precisely
describes the public records which are readily available within the public
agency. If the person requesting the public records requests that copies
of the records by mailed, the official custodian shall mail the copies
upon receipt of all fees and the cost of mailing.
- (4)If the person to whom the application is directed does not have
custody or control of the public record requested, that person shall notify
the applicant and shall furnish the name and location of the official custodian
of the agency's public records.
- (5)If the public record is in active use, in storage or not otherwise
available, the official custodian shall immediately notify the applicant
and shall designate a place, time, and date for inspection of the public
records, not to exceed three (3) days from receipt of the application,
unless a detailed explanation of the cause is given for further delay and
the place, time, and earliest date on which the public record will be available
for inspection.
- (6)If the application 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,
the official custodian may refuse to permit inspection of the public records
or mail copies thereof. However, refusal under this section shall be sustained
by clear and convincing evidence.
61.874.Abstracts, memoranda, copies - Agency
may prescribe fee - Use of nonexempt public records for commercial purposes
- Online access.
- (1)Upon inspection, the applicant shall have the right to make abstracts
of the public records and memoranda thereof, and to obtain copies of all
public records not exempted by the terms of KRS 61.878. When copies are
requested, the custodian may require a written request and advance payment
of the prescribed fee, including postage where appropriate. If the applicant
desires copies of public records other than written records, the custodian
of the records shall duplicate the records or permit the applicant to duplicate
the records; however, the custodian shall ensure that such duplication
will not damage or alter the original records.
- (2) (a)Nonexempt public records used for noncommercial purposes shall
be available for copying in either standard electronic or standard hard
copy format, as designated by the party requesting the records, where the
agency currently maintains the records in electronic format. Nonexempt
public records used for noncommercial purposes shall be copied in standard
hard copy format where agencies currently maintain records in hardcopy
format. Agencies are not required to convert hard copy format records to
electronic formats.
- (b)The minimum standard format in paper form shall be defined as not
less than 8 1/2 inches x 11 inches in at least one (1) color on white paper,
or for electronic format, in a flat file electronic American Standard Code
for Information Interchange (ASCII) format. If the public agency maintains
electronic public records in a format other than ASCII, and this format
conforms to the requesters requirements, the public records may be provided
in this alternate electronic format for standard fees as specified by the
public agency. Any request for a public record in a form other than the
forms described in this section shall be considered a nonstandardized request.
- (3)The public agency may prescribe a reasonable fee for making copies
of nonexempt public records requested for use for noncommercial purposes
which shall not exceed the actual cost of reproduction, including the costs
of the media and any mechanical processing cost incurred by the public
agency, but not including the cost of staff required. If a public agency
is asked to produce a record in a nonstandardized format, or to tailor
the format to meet the request of an individual or a group, the public
agency may at its discretion provide the requested format and recover staff
costs as well as any actual costs incurred.
- (4)(a)Unless an enactment of the General Assembly prohibits the disclosure
of public records to persons who intend to use them for commercial purposes,
if copies of nonexempt public records are requested for commercial purposes,
the public agency may establish a reasonable fee.
- (b)The public agency for which copies of nonexempt public records are
requested for a commercial purpose may require a certified statement from
the requester stating the commercial purpose for which they shall be used,
and may require the requester to enter into a contract with the agency.
The contract shall permit use of the public records for the stated commercial
purpose for a specified fee.
- (c)The fee provided for in subsection (a) of this section may be based
on one or both of the following:
- 1.Cost to the public agency of media, mechanical processing, and staff
required to produce a copy of the public record or records;
- 2.Cost to the public agency of the creation, purchase, or other acquisition
of the public records.
- (5)It shall be unlawful for a person to obtain a copy of any part of
a public record for a:
- (a)Commercial purpose, without stating the commercial purpose, if a
certified statement from the requester was required by the public agency
pursuant to subsection (4) (b) of this section; or
- (b)Commercial purpose, if the person uses or knowingly allows the use
of the public record for a different commercial purpose; or
- (c)Noncommercial purpose, if the person uses or knowingly allows the
use of the public record for a commercial purpose. A newspaper, periodical,
radio or television station shall not be held to have used or knowingly
allowed the use of the public record for a commercial purpose merely because
of its publication or broadcast, unless it has also given its express permission
for that commercial use.
- (6)Online access to public records in electronic form, as provided
under this section, may be provided and made available at the discretion
of the public agency. If a party wishes to access public records by electronic
means and the public agency agrees to provide online access, a public agency
may require that the party enter into a contract, license, or other agreement
with the agency, and may charge fees for these agreements. Fees shall not
exceed:
- (a)The cost of physical connection to the system and reasonable cost
of computer time access charges; and
- (b)If the records are requested for a commercial purpose, a reasonable
fee based on the factors set forth in subsection (4) of this section.
61.8745.Damages recoverable by public agency
for persons misuse of public records.
A person who violates subsections (2) to (6) of KRS 61.874 shall be
liable to the public agency from which the public records were obtained
for damages in the amount of:
- (1)Three (3) times the amount that would have been charged for the
public record if the actual commercial purpose for which it was obtained
or used had been stated;
- (2)Costs and reasonable attorneys fees; and
- (3)Any other penalty established by law.
61.876.Agency to adopt rules and regulations
- (1) Each public agency shall adopt rules and regulations in conformity
with the provisions of KRS 61.870 to 61.884 to provide full access to public
records, to protect public records from damage and disorganization, to
prevent excessive disruption of its essential functions, to provide assistance
and information upon request and to insure efficient and timely action
in response to application for inspection, and such rules and regulations
shall include, but shall not be limited to:
- (a)The principal office of the public agency and its regular office
hours;
- (b)The title and address of the official custodian of the public agency's
records;
- (c)The fees, to the extent authorized by KRS 61.874 or other statute,
charged for copies;
- (d)The procedures to be followed in requesting public records.
- (2)Each public agency shall display a copy of its rules and regulations
pertaining to public records in a prominent location accessible to the
public.
- (3)The Finance and Administration Cabinet may promulgate uniform rules
and regulations for all state administrative agencies.
61.878.Certain public records exempted from
inspection except on order of court - Restriction of state employees to
inspect personnel files prohibited.
- (1)The following public records are excluded from the application of
KRS 61.870 to 61.884 and shall be subject to inspection only upon order
of a court of competent jurisdiction, except that no court shall authorize
the inspection by any party of any materials pertaining to civil litigation
beyond that which is provided by the Rules of Civil Procedure governing
pretrial discovery:
- (a)Public records containing information of a personal nature where
the public disclosure thereof would constitute a clearly unwarranted invasion
of personal privacy;
- (b)Records confidentially disclosed to an agency and compiled and maintained
for scientific research. This exception shall not, however, apply to records
the disclosure of publication of which is directed by another statute;
- (c)1.Upon and after July 15, 1992, records confidentially disclosed
to an agency or required by an agency to be disclosed to it, generally
recognized as confidential or proprietary, which if openly disclosed would
permit an unfair commercial advantage to competitors of the entity that
disclosed the records;
- 2.Upon and after July 15, 1992, records confidentially disclosed to
an agency or required by an agency to be disclosed to it, generally recognized
as confidential or proprietary, which are compiled and maintained:
- a.In conjunction with an application for or the administration of a
loan or grant;
- b.In conjunction with an application for or the administration of assessments,
incentives, inducements, and tax credits as described in KRS Chapter 154;
- c.In conjunction with the regulation of commercial enterprise, including
mineral exploration records, unpatented, secret commercially valuable plans,
appliances, formulae, or processes, which are used for the making, preparing,
compounding, treating, or processing of articles or materials which are
trade commodities obtained from a person; or
- d.For the grant or review of a license to do business.
- 3.The exemptions provided for in subparagraphs 1. and 2. of this paragraph
shall not apply to records the disclosure or publication of which is direction
by another statute;
- (d)Public records pertaining to a prospective location of a business
or industry where no previous public disclosure has been made of the business
or industry's interest in locating in, relocating within or expanding within
the Commonwealth. This exemption shall not include those records pertaining
to application to agencies for permits or licenses necessary to do business
or to expand business operations within the state, except as provided in
paragraph (c) of this subsection;
- (e)Public records which are developed by an agency in conjunction with
the regulation or supervision of financial institutions, including but
not limited to, banks, savings and loan associations, and credit unions,
which disclose the agency's internal examining or audit criteria and related
analytical methods;
- (f)The contents of real estate appraisals, engineering or feasibility
estimates and evaluations made by or for a public agency relative to acquisition
of property, until such time as all of the property has been acquired.
The law of eminent domain shall not be affected by this provision;
- (g)Test questions, scoring keys, and other examination data used to
administer a licensing examination, examination for employment, or academic
examination before the exam is given or if it is to be given again;
- (h)Records of law enforcement agencies or agencies involved in administrative
adjudication that were compiled in the process of detecting and investigating
statutory or regulatory violations if the disclosure of the information
would harm the agency by revealing the identity of informants not otherwise
known or by premature release of information to be used in a prospective
law enforcement action or administrative adjudication. Unless exempted
by other provisions of KRS 61.870 to 61.884, public records exempted under
this provision shall be open after enforcement action is completed or a
decision is made to take no action; however, records or information compiled
and maintained by county attorneys or Commonwealths attorneys pertaining
to criminal investigations or criminal litigation shall be exempted from
the provisions of KRS 61.870 to 61.884 and shall remain exempted after
enforcement action, including litigation, is completed or a decision is
made to take no action. The exemptions provided by this subsection shall
not be used by the custodian of the records to delay or impede the exercise
of rights granted by KRS 61.870 to 61.884;
- (i)Preliminary drafts, notes, correspondence with private individuals,
other than correspondence which is intended to give notice of final action
of a public agency;
- (j)Preliminary recommendations, and preliminary memoranda in which
opinions are expressed or policies formulated or recommended;
- (k)All public records or information the disclosure of which is prohibited
by federal law or regulation; and
- (l)Public records or information the disclosure of which is prohibited
or restricted or otherwise made confidential by enactment of the General
Assembly.
- (2)No exemption in this section shall be construed to prohibit disclosure
of statistical information not descriptive of any readily identifiable
person.
- (3)No exemption in this section shall be construed to deny, abridge,
or impede the right of a public agency employee, including university employees,
an applicant for employment, or an eligible on a register to inspect and
to copy any record including preliminary and other supporting documentation
that relates to him. The records shall include, but not be limited to,
work plans, job performance, demotions, evaluations, promotions, compensation,
classification, reallocation, transfers, layoffs, disciplinary actions,
examination scores, and preliminary and other supporting documentation.
A public agency employee, including university employees, applicant, or
eligible shall not have the right to inspect or to copy any examination
or any documents relating to ongoing criminal or administrative investigations
by an agency.
- (4)If any public record contains material which is not excepted under
this section, the public agency shall separate the excepted and make the
nonexcepted material available for examination.
- (5)The provisions of this section shall in no way prohibit or limit
the exchange of public records or the sharing of information between public
agencies when the exchange is serving a legitimate governmental need or
is necessary in the performance of a legitimate government function.
61.880.Denial of inspection - Role of Attorney
General.
- (1)If a person enforces KRS 61.870 to 61.884 pursuant to this section,
he shall begin enforcement under this subsection before proceeding to enforcement
under subsection (2) of this section. Each public agency, upon any request
for records made under KRS 61.870 to 61.884, shall determine within three
(3) days, excepting Saturdays, Sundays, and legal holidays, after the receipt
of any such request whether to comply with the request and shall notify
in writing the person making the request, within the three (3) day period,
of its decision. An agency response denying, in whole or in part, inspection
of any record shall include a statement of the specific exception authorizing
the withholding of the record and a brief explanation of how the exception
applies to the record withheld. The response shall be issued by the official
custodian or under his authority, and it shall constitute final agency
action.
- (2)(a)If a complaining party wishes the Attorney General to review
a public agency's denial of a request to inspect a public record, the complaining
party shall forward to the Attorney General a copy of the written request
and a copy of the written response denying inspection. If the public agency
refuses to provide a written response, a complaining party shall provide
a copy of the written request. The Attorney General shall review the request
and denial and issue within twenty (20) days, excepting Saturdays, Sundays
and legal holidays, a written decision stating whether the agency violated
provisions of KRS 61.870 to 61.884.
- (b)In unusual circumstances, the Attorney General may extend the twenty
(20) day time limit by sending written notice to the complaining party
and a copy to the denying agency, setting forth the reasons for the extension,
and the day on which a decision is expected to be issued, which shall not
exceed an additional thirty (30) work days, excepting Saturdays, Sundays,
and legal holidays. As used in this section unusual circumstances means,
but only to the extent reasonably necessary to the proper resolution of
an appeal:
- 1.The need to obtain additional documentation from the agency or a
copy of the records;
- 2.The need to conduct extensive research on issues of first impression;
or
- 3.An unmanageable increase in the number of appeals received by the
Attorney General.
- (c)On the day that the Attorney General renders his decision, he shall
mail a copy to the agency and a copy to the person who requested the record
in question. The burden of proof in sustaining the action shall rest with
the agency, and the Attorney General may request additional documentation
from the agency for substantiation. The Attorney General may also request
a copy of the records involved but they shall not be disclosed.
- (3)Each agency shall notify the Attorney General of any actions filed
against that agency in Circuit Court regarding the enforcement of KRS 61.870
to 61.884. The Attorney General shall not, however, be named as a party
in any Circuit Court actions regarding the enforcement of KRS 61.870 to
61.884, nor shall he have any duty to defend his decision in Circuit Court
or any subsequent proceedings.
- (4)If a person feels the intent of KRS 61.870 to 61.884 is being subverted
by an agency short of denial of inspection, including but not limited to
the imposition of excessive fees or the misdirection of the applicant,
the person may complain in writing to the Attorney General, and the complaint
shall be subject to the same adjudicatory process as if the record had
been denied.
- (5)(a)A party shall have thirty (30) days from the day that the Attorney
General renders his decision to appeal the decision. An appeal within the
thirty (30) day time limit shall be treated as if it were an action brought
under KRS 61.882.
- (b)If an appeal is not filed within the thirty (30) day time limit,
the Attorney Generals decision shall have the force and effect of law and
shall be enforceable in the Circuit Court of the county where the public
agency has its principal place of business or the Circuit Court of the
county where the public record is maintained.
61.882.Jurisdiction of Circuit Court in action
seeking right of inspection - Burden of proof - Costs - Attorney fees.
- (1)The Circuit Court of the county where the public agency has its
principal place of business or the Circuit Court of the county where the
public record is maintained shall have jurisdiction to enforce the provisions
of KRS 61.870 to 61.884, by injunction or other appropriate order on application
of any person.
- (2)A person alleging a violation of the provisions of KRS 61.870 to
61.884 shall not have to exhaust his remedies under KRS 61.880 before filing
suit in a Circuit Court.
- (3)In an appeal of an Attorney Generals decision, where the appeal
is properly filed pursuant to KRS 61.880(5)(a), the court shall determine
the matter de novo. In an original action or an appeal of an Attorney Generals
decision, where the appeal is properly filed pursuant to KRS 61.880(5)(a),
the burden of proof shall be on the public agency. The court on its own
motion, or on motion of either of the parties, may view the records in
controversy in camera before reaching a decision. Any noncompliance with
the order of the court may be punished as contempt of court.
- (4)Except as otherwise provided by law or rule of court, proceedings
arising under this section take precedence on the docket over all other
causes and shall be assigned for hearing and trial at the earliest practicable
date.
- (5)Any person who prevails against any agency in any action in the
courts regarding a violation of KRS 61.870 to 61.884 may, upon a finding
that the records were willfully withheld in violation of KRS 61.870 to
61.884, be awarded costs, including reasonable attorneys fees, incurred
in connection with the legal action. If such person prevails in part, the
court may in its discretion award him costs or an appropriate portion thereof.
In addition, it shall be within the discretion of the court to award the
person an amount not to exceed twenty-five dollars ($25) for each day that
he was denied the right to inspect or copy said public record. Attorneys
fees, costs, and awards under this subsection shall be paid by the agency
that the court determines is responsible for the violation.
61.884.Persons access to record relating to
him.
Any person shall have access to any public record relating to him or
in which he is mentioned by name, upon presentation of appropriate identification,
subject to the provisions of KRS 61.878.
61.960 to 61.975.Public access to governmental
databases was repealed effective July 15, 1994.
61.992.Penalties for KRS 61.960 to 61.975
was repealed effective July 15, 1994. See 61.8745 for damages recoverable
by a public agency.
LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN
SEWER DISTRICT
Open Records Product and Services Fee Schedule
Commercial Fee Schedule for GIS and
Database Product and Services
October 30, 1996
As authorized and adopted by MSD's Board, the following
prices are applicable to Open Records Requests made to MSD and are subject
to change by Board action. All fees are due and payable at the time of
the records request.
- 1. Standard LOJIC Planimetric/topographic Map Sheets (24 x 36 sheet
in hardcopy form containing all map layers; price per map sheet):
2000' x 3000 4000' x 6000
1"=100' 1"=200'
Blueline/Blackline copy $50.00 $100.00
Reproducible Mylar 250.00 500.00
- 2. Custom Plots, fee charged will be the sum of the fees below plus
fees from Item 6. Land area fee (price per acre of geographic data)
Non-reproducible Reproducible
Planimetric/topographic Data $0.44 $1.83
Property Data 0.22 0.91
Flood Insurance Rate Map (FIRM) Data No Charge No Charge
Note: The fee charged is reduced by a scale factor to account for the
usefulness of the level of detail being provided at different plot scales.
``Scale factor'' = Compilation Scale (1" = 100') / Plot Scale Desired
- 3. Planimetric & Topographic Data in digital form, fee charged
will be the sum of the fees below plus fees from Item 6.
All Base Layers (price per acre): ASCII, AUTOCAD (DXF),
SIF, ArcInfo (IMPORT/EXPORT format), and other standard
ArcInfo provided formats $7.26
Other formats Quote
- 4. Property Data in digital form, fee charged will be the sum of the
fees below plus fees from Item 6.
Parcel Layer (price per acre): ASCII, AUTOCAD (DXF),
SIF, ArcInfo (IMPORT/EXPORT format), and other standard
ArcInfo provided formats $3.63
Other formats Quote
- 5. Flood Insurance Rate Map (FIRM) Data in digital form (not to include
plan/topo/property data) may be obtained for entire County or by FIRM panel,
as either ArcInfo coverages, EXPORT files, or DXF, according to the following
fees on the media designated:
a.FIRM Data (Full County -- all panels) No Charge Fee for system time,
staff time, and magnetic media listed in Item 6. $150.00
b.FIRM Data (per standard FIRM panel) No Charge Fee for system time,
staff time, and a diskette (3 1/2'') $50.00
- FIRM data may be included in a special request for plan/topo/property
data in either plotted or digital form, at no additional charge for the
data.
- 6. Miscellaneous Services and Special Orders. Price to be quoted by
LOJIC as part of a special contract using the fees below plus a prorated
share of Items 2, 3 and/or 4 based on the equivalent tile size being supplied:
System Resource Units (per minute) $10.00
Disk Storage (per 1,000 records per week) $10.00
Pages Printed (line printer, laser printer, stock paper) $ 0.10
Plot Media (color or b/w, price per sq. ft.)
Paper $2.00
Mylar $6.00
Magnetic Media, per media unit used
Magnetic Tape Reel (1/2''),
Magnetic Tape Cartridge (8mm) $16.00
Magnetic Tape Cartridge (1/4''),
Magnetic Tape Cartridge (4mm) $20.00
Diskette (3 1/2'') $2.00
Compact Disk (650mb) $20.00
Staff Time, per hour, typical rates (Actual salary rate times 2.2 for FB & OH)
Project Manager $60.00
Analyst $36.00
Products Specialist $30.00
Technician $25.00
Outside Contractor Quote
Mailing Fee Actual Cost
- 7. GIS Aerial Photography (fee per frame used plus cost of reproduction
from outside contractor, if necessary)
Most current year:
1-5 frames $20.00
6-49 frames $15.00
50-99 frames $10.00
100 frames on $5.00
Historical years: No Charge
Paper copy of any year, contact print $2.00
Non-Commercial Fee Schedule for GIS and Database Product
and Services
October 30, 1996
As authorized and adopted by MSD's Board, the following
prices are applicable to Open Records Requests made to MSD and are subject
to change by Board action. All fees are due and payable at the time of
the records request.
I.OPEN RECORDS FOR GIS PRODUCTS OR DATABASE PRODUCTS
AND SERVICES
- 1. Planimetric/topographic Map Sheets (24 x 36 sheet in hardcopy form
containing all map layers; price per map sheet):
- 1"=100' Scale (2,000' x 3,000') and 1"=200' Scale (4,000'
x 6,000')
Blueline/Blackline Xerox copy $2.00
- 2. Planimetric & Topographic Data or Property data in digital form,
fee charged will be the sum of the fees below plus fees from Item 4.
All Base Layers (price per acre):
Flat file ASCII format (minimum format) No Charge
- 3. Flood Insurance Rate Map (FIRM) Data in digital form (not to include
plan/topo/property data) may be obtained for entire County or by FIRM panel,
as either ArcInfo coverages, EXPORT files, or DXF, according to the following
fees on the media designated:
a.FIRM Data (Full County -- all panels) No Charge Fee for system time,
staff time, and magnetic media listed in Item 6. $150.00
b.FIRM Data (per standard FIRM panel) No Charge Fee for system time,
staff time, and a diskette (3 1/2'') $50.00
- FIRM data may be included in a special request for plan/topo/property
data in either plotted or digital form, at no additional charge for the
data.
4. Miscellaneous Services and Special Orders. Price to be quoted by
LOJIC as part of a special contract using the fees below (There is no charge
for data on non-commercial requests.)
System Resource Units (per minute) $10.00
Disk Storage (per 1,000 records per week) $10.00
Pages Printed (line printer, laser printer, stock paper) $ 0.10
Plot Media (color or b/w, price per sq. ft.)
Paper $2.00
Mylar $6.00
Magnetic Media, per media unit used
Magnetic Tape Reel (1/2''),
Magnetic Tape Cartridge (8mm) $16.00
Magnetic Tape Cartridge (1/4''),
Magnetic Tape Cartridge (4mm) $20.00
Diskette (3 1/2'') $2.00
Compact Disk (650mb) $20.00
Staff Time, per hour, typical rates (Actual salary rate times 2.2 for FB & OH)
Project Manager $60.00
Analyst $36.00
Products Specialist $30.00
Technician $25.00
Outside Contractor Quote
Mailing Fee Actual Cost
- 5. Prints from Public Access Terminal (when available) $0.50 (price
per screen image printed)
- 6. GIS Aerial Photography No Charge (There is a cost for the reproduction
of the photography from our outside contractor.)
II. OTHER OPEN RECORDS REQUESTS
- 1. Photocopies made by MSD (fee per copy)
8 1/2" x 11" $0.10
8 1/2" x 14" $0.10
11" x 17" $0.25
24" x 36" $2.00
- 2. Blueline Prints made by MSD (fee per copy)
Sewer Atlas 1 = 400 scale (15"x 15") $0.50
Sewer Atlas 1 = 200 scale (30" x 30") $1.00
Construction Drawings 24" x 36" $2.00
Other sizes Quote
- 3. Photocopies or Blueline Prints made by outside reproduction shops
Actual Cost of Reproductions Quote
References
Kentucky Revised Statutes 61.870 - 61.884, Open
Records.
Jane M. Poole
GIS Products Specialist
Louisville and Jefferson County Information Consortium
(LOJIC)
700 West Liberty Street
Louisville, KY 40203
Telephone: (502) 540-6435
Fax: (502) 540-6562
E-mail: poole@lojic.org