Kansas Open Records Act

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The Kansas Open Records Act (KORA) is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Kansas. Statutes 45-215 - 45-223 passed by the Kansas legislature define the law.

The Kansas Open Meetings Act (KOMA) legislates the methods by which public meetings are conducted. Statutes 75-4317 - 75-4320 of the Kansas legislature define the law.

To learn more about how to make a public records request in this state, please see: Kansas FOIA procedures

[edit] Recent news

See also: Kansas transparency headlines

[edit] Transparency blocking

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[edit] Litigation

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[edit] Legislation

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[edit] Relevant legal cases

See also: Court cases with an impact on state FOIA

Here is a list of lawsuits in Kansas. For more information go the page or go to Kansas sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)

Lawsuit Year
Cypress Media v. City of Overland Park 2000
Memorial Hospital Association Inc. v. Knutsen 1986
O'Hair v. USD 300 1990
State of Kansas v. USD 305 1988
State v. Sedgwick County Commissioners 1989
State, ex rel. Stephen v. Harder 1982
Stephens v. Van Arsdale 1980


[edit] Proposed transparency legislation

[edit] 2010

See also Proposed transparency legislation, 2010

We do not currently have any legislation for Kansas in 2010. To add some, please see WikiProject Proposed state sunshine legislation.


[edit] 2009

See also: Proposed reforms in state sunshine laws, 2009

Since 2000 an expiration date on new exemptions to KORA has been required. The exemptions can be renewed past the expiration date, but there must be a review first. The Kansas Senate will be debating Senate Bill 34 [1] [2] regarding extending the life of 30 exemptions to KORA during this session. [3]

In January 2009, the Kansas Senate gave first-round approval to SB 34 on a voice vote. SB 34 renews 30 exceptions to the Kansas Open Records Act. Don Moler, executive director of the League of Kansas Municipalities spoke in favor of the bill, saying, ""Every one of the exemptions that are in there are in there for a reason."[4]

[edit] Kansas's transparency report card

A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Kansas #18 in the nation with an overall percentage of 56.00%. [5]

A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Kansas 47 points out of a possible 100, a letter grade of "F", and a ranking of 25 out of the 50 states.[6]

A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Kansas's law as the 34th worst in the country, giving it a letter grade of "D+".[7]

[edit] Features of the law

Public Records are addressed by Kansas statutes 45-215 - 45-223. The basis of the law that it "is declared to be the public policy of the state that public records shall be open for inspection by any person"[8].

In 2009 the Kansas legislature extended 30 exceptions to the Kansas Open Records Act [9]. This extension expires in 2014.

It is also important to note that if records request are made to an incorrect department, the department has the responsibility of notifying the individual as to the correct department to make the request.

[edit] What records are covered?

The act defines public records as any records that are created or kept in public agencies and that pertain to the workings of the government. [10]

[edit] Exemptions

However, there are some important exceptions clauses, KORA 55-219.a state that, "A public agency shall not be required to provide copies of radio or recording tapes or discs, video tapes or films, pictures, slides, graphics, illustrations or similar audio or visual items or devices, unless such items or devices were shown or played to a public meeting of the governing body thereof, but the public agency shall not be required to provide such items or devices which are copyrighted by a person other than the public agency" thus exempting many non print records from FOIA requests[11]. Other exemptions include:

[12]

KORA also establishes guidelines for considering adding exemptions to the current list. Any potential exemptions must either be of a "personal nature concerning individuals", be necessarily concealed for efficient governing or concern confidential information. [13]

[edit] What agencies are covered?

The Kansas ORA defines public agencies as any division of the state government and local government as well as any that is supported in part by public by public funds. The law however excludes any group who receives funds in exchange for money, all judges, and any employee who is not given an office that is open at least 35 hours a week. [10] This includes non-profits that receive greater than $350 a year in public funds. If the non-profit segregates funds between public and private then only the budgets of public funds are available. If the organization does not segregate, then their full budgets are open to public review.[14]

[edit] Who may request records?

See also: List of who can make public record requests by state.

Anyone may request public documents in Kansas. "All public records shall be open for inspection by any person". [15]

[edit] Must a purpose be stated?

While the law does not require an explicit statement of purpose, it does allow departments to reject records claims if it places "an unreasonable burden" on the department of if the department feels it is designed to disrupt the flow of the workings of government[16].

[edit] How can records be used?

Kora does not permit the use of lists of names and addresses for commercial purposes outside of political and educational opportunities and the use of student lists by university sales offices. [17]

[edit] Time allowed for response

See also: Request response times by state.

Kansas statute allows for three days to respond to a request. However, if the department feels it needs more time to complete the request, it may notify the person making the request in writing and provide the earlliest possible date the records will be prepared. [18]

[edit] Fees for records

KORA allows for the charging of reasonable fees which can include, not only the cost of duplication, but also the cost of staff time needed for both locating the records and supervising the copying as well as fees for computer maintenance. ANy fees that come out to less than $.25 a page are deemed reasonable, however larger fees may be deemed reasonable in certain situations.[19]

[edit] Open meetings

To read more about open meetings in Kansas, please see: Kansas Open Meetings Act

Open Meetings are addressed by Kansas statutes 75-4317 - 75-4320. A meeting is defined as: "'meeting' means any gathering, assembly, telephone call or any other means of interactive communication by a majority of a quorum of the membership of a body or agency subject to this act for the purpose of discussing the business or affairs of the body or agency." [20].

[edit] KORA/KOMA training

In June 2009 Attorney General Six's office provided public training for KORA and KOMA in Dodge City, Olathe, Topeka and Wichita.

The contents of the CD given to participants of these training classes included several files, including the Powerpoint presentations given by Assistant Attorney General Michael J. Smith: 

* KOMA Outline
* KOMA Frequently Asked Questions
* KOMA Powerpoint presentation

* KORA Outline
* KORA Frequently Asked Questions
* KORA Powerpoint presentation

[edit] Notable requests

[edit] Criticisms

The act requires that government respond within three business days, but this is not always the case in practice. Flint Hills Center for Public Policy, a Kansas-based think tank, requested information from 105 counties and received fulfilled requests from only 67 counties. [21] Formal complaints filed with county attorneys were largely ignored.

The organization notes several loopholes for evading disclosure the act allows:

[edit] See also

[edit] External links

[edit] References

  1. ↑ Text of SB 34
  2. ↑ Supplemental Note to SB 34
  3. ↑ Kan. Senate to debate open records exceptions, Associated Press, January 27, 2009
  4. ↑ The Hays Daily News, "Kan. Senate advances bill on open records", January 27, 2009
  5. ↑ Integrity Index available for download here
  6. ↑ Graded state responsiveness to FOI requests, 2007
  7. ↑ Freedom of Information in the USA, 2002
  8. ↑ Open Record statute 45-216
  9. ↑ Exemptions from Kansas Open Records: horsethief reservoir benefit district sales tax info, and 29 more, Kansas Meadowlark, March 26, 2009.
  10. ↑ 10.0 10.1 KORA 45-217
  11. ↑ KORA 45-219
  12. ↑ 12.0 12.1 Kora 45-221
  13. ↑ KORA 45-229
  14. ↑ KORA 45-240
  15. ↑ KSA, 45-218
  16. ↑ KORA 45-218.E
  17. ↑ KORA 45-230
  18. ↑ KORA 45-218.D
  19. ↑ KORA 45-219
  20. ↑ Open Record statute 75-4317a
  21. ↑ 21.0 21.1 21.2 "Open Records Law Needs an Overhaul", Flint Hills Center for Public Policy, June 15, 2009
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