Kansas Public Record Law
The Kansas Open Records Act (KORA) is a state law that grants the public the right to access records maintained by public agencies in Kansas. Enacted to promote transparency and accountability in the affairs of the government, the KORA ensures that unless a record is exempt by specific legal provisions, most public records are open to the public for inspection and copying by any individual.
Where Do I Submit a Public Record Request in Kansas?
The process of submitting public records requests is decentralized in Kansas; there is no single agency or officer responsible for handling all public records requests. Instead, each public agency maintains its records and has a designated officer, called the custodian, to manage requests relating to its documents. Therefore, you may direct your request to the particular agency that holds the information you seek. The contact details of the record custodian are usually displayed on the agency's websites.
How Do I Request Public Records in Kansas?
Under the Kansas Open Records Act, all public records are open to inspection and copying by any person during the business hours of the record custodian. The steps to request public records in Arkansas include:
- Identify the record custodian. Determine which public agency or department holds the records sought.
- Submit a request to the record custodian. Requests may be made in person, over the phone, by mail, email, or electronically.
- Provide valid identification. While not all agencies require record seekers to include identification with their request, some agencies require ID to prove the requestor's identity, especially for confidential records.
- Pay the required fees. Agencies may charge fees for copying and staff time used to process the request.
Although third-party websites may offer access to certain public records, it is essential to use these platforms with caution. These platform providers often do not guarantee the accuracy or completeness of the records they provide.
What Records are Public in Kansas?
There are numerous public records in Kansas. However, the frequently requested ones include:
- Vital Records: Birth certificates, death certificates, marriage licenses, and divorce records. While vital records are public records, they are often restricted to the record holder, immediate family members, legal representatives, and persons with a court order.
- Property Records: They include deeds, mortgages, property tax records, land surveys, building permits, land surveys and plats, and zoning records.
- Judicial/Court Records: The Kansas trial court system is organized into District Courts, County Courts, and Municipal Courts. Kansas judiciary provides access to court records, including civil case records, criminal case records, family court records, probate records, small claims records, case files, and dockets.
- Law Enforcement Records: It includes incident and arrest reports, inmate records, sex offenders records, criminal records, body camera footage, and crime statistic reports.
- Government Financial Records: Expenditure reports, grant records, audit reports, budgets, contract and procurement records, and employee salary information.
Who Can Request Public Records in Kansas?
In Kansas, any person may inspect, examine, and obtain copies of public records under the KORA. The term "person" in the Kansas Open Records Act is defined to include individuals, businesses, partnerships, associations, organizations, government agencies, and any other legal or commercial entity.
What Is the Response Time for Public Records Requests in Kansas?
Kansas law, specifically Section 45-218, instructs public entities to respond to records requests as soon as possible and limits the response time to three business days from the date of receipt. More time may be required if the record request is voluminous or there is difficulty in accessing certain records. The record custodian may inform the requester within the initial three-day period. The law requires the record custodian to explain the delay and the estimated release date for the record.
What Is the Fee Charged for Providing Copies of Public Records?
Per the KORA, agencies may charge for the cost of copying the records and the time it takes the record department to locate the document. The law permits agencies to charge a reasonable fee for providing copies of public records.
What Records Are Exempted Under the Kansas Public Law?
While the KORA aims to promote openness in governmental procedures by granting public access to state and local records, the law also includes exemptions to protect sensitive information, privacy, and public safety. As outlined in Section 45-221 of the Kansas Statutes, these records include:
- Adoption records
- Grand jury proceedings
- Child in need of care and juvenile records
- Sealed and expunged criminal records
- Medical and psychological treatment records
- Personal identifiers such as Social Security numbers and bank account information
- Attorney-client privileged records
- Work product of government attorneys
- Proprietary business information and trade secrets
- Student educational records
- Ballot and election security plans
- Examination, test questions, and scoring materials