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Merriam updates public-records code, adopts new fee schedule to align with state law
Summary
The council amended Chapter 2, Article 5 of the Merriam City Code and adopted an updated public-records fee schedule after staff identified language that conflicted with Kansas statute on required forms for requests.
MERRIAM, Kan.
The council voted to waive first reading and adopt an ordinance amending Chapter 2, Article 5 of the Merriam Code of Ordinances and to approve a related update to the 2025 fee schedule for public records.
City records staff told council the updated ordinance corrects a preexisting provision that required requestors to submit written requests on a form provided by the records custodian. Staff noted that language was inconsistent with Kansas statute 42-220b, which prohibits requiring a specific written form for public-records requests. The city attorney recommended language changes and staff presented a red-lined ordinance to address the conflict.
Records staff asked council to approve the fee schedule change as well; staff said the fee updates reflect state-law changes that went into effect July 1 and will allow staff to recover reasonable costs for extensive record searches and production. During public comment, a resident said the proposed changes would make it harder and costlier for residents to obtain records and urged the council not to pass the ordinance.
Council waived the first reading and later approved the ordinance and fee schedule; the clerk recorded the votes on both motions as 7-0.
Ending: Staff said the code change aligns city practice with state law and that the new fee schedule will be published by the records custodian; staff will notify the public of fee changes and update request forms to reflect the revised procedures.
