Kansas FOIA procedures
From Sunshine Review
Contents |
How to request public records in Kansas
Each state varies slightly in the procedures used to gain access to public documents. This article serves to describe specifically the steps used in Kansas.
Who may request public records?
"Any person" may inspect Kansas public records (subject to further provisions)[1]. This includes people who are not residents of the state.
Fees
Fees "may" be charged for providing documents, however, no public agency is required to charge anything to the requestor. They may be charged and collected in advance of actually providing any records. Fees "shall not exceed the actual cost of furnishing copies, including the cost of staff time required to make the information available". If providing paper copies of records, $0.25 per page is deemed a reasonable fee. [2] If providing computerized records, subscription/access fees may be applied, but they may not exceed the actual cost of production. [3]
Response Time
Requests for public records must be met within three business days of receiving the request, but should be acted on as soon as possible. If the request cannot be met immediately, a detailed explanation of the delay, and the earliest possible date that the records will be provided must be given to the requester. [4]
Exemptions
There are at least 50 specific exemptions to the Kansas Open Records Act. To see a complete listing go here: Exemptions to the Kansas Open Records Act.
Requests for records may be denied if the custodian believes that the request is being made with the intent of interrupting the natural course of business. Requests may also be denied if the custodian believes that fulfilling it will place an unreasonable burden on the agency.[5]
Definitions
- Public Record: "any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency". Public Records do not include records owned by private persons or "employer records relating to the employer's individually identifiable contributions made on behalf of employees for workers' compensation, Social Security, unemployment insurance or retirement" [6].
- Custodian: "any officer or employee of a public agency who is responsible for the maintenance of public records, regardless of whether such records are in the officer's or employee's actual personal custody and control".
- Business Day: any day other than a Saturday, Sunday, or holiday. [7]
- Fee: Dollar amount that may or may not be charged for providing access to public records.
- Exemptions: Types of public documents that are specifically made exempt from the Open Records Act via further legislation.
See Also
External Links
References
- ↑ Statute 45-218 who may request?
- ↑ Statute 45-219 fees
- ↑ Attorney General Opinion 95-64 regarding fees for computerized records
- ↑ Statute 45-218d response time
- ↑ Statute 45-218e failing to fulfill a request
- ↑ Open Government Guide What kind of records are covered?
- ↑ Statute 45-217 definitions
