Kansas Open Records Act
From Sunshine Review
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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. Statues 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.
[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%. [1]
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.[2]
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+".[3]
[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. [4] Formal complaints filed with county attorneys were largely ignored.
The organization notes several loopholes for evading disclosure the act allows:
- The 300 exemptions to the Open Records Act that the Legislature has granted.[4]
- The provision that permits government to reject a request that causes them to 'create' a record, meaning they don’t have to provide information unless it is maintained in the exact manner in which it is requested.[4]
[edit] Public Records
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"[5].
In 2009 the Kansas legislature extended 30 exceptions to the Kansas Open Records Act [6]. This extension expires in 2014.
[edit] Open Meetings
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." [7].
[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] Proposed changes
- Main article: 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 [8] [9] regarding extending the life of 30 exemptions to KORA during this session. [10]
[edit] Who May Request Kansas Records?
Anyone may request public documents in Kansas. "All public records shall be open for inspection by any person". [11]
For requester residency requirements in other states, see the list of who can make public record requests by state.
[edit] Relevant legal cases
- Cypress Media v. City of Overland Park
- O'Hair v. USD 300, 1990
- State v. Sedgwick County Commissioners, 1989
- State v. USD 305, 1988
- Memorial Hospital Association Inc. v. Knutsen, 1986
- State, ex rel. Stephen v. Harder, 1982
- Stephens v. Van Arsdale, 1980
[edit] Proposed changes in law
- Main article: Proposed reforms in state sunshine laws, 2009
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."[12]
[edit] See also
[edit] External links
- Complete text of Kansas Open Records Act (current as of January 2007, and with annotations)
- Kansas Open Records Statute Search for statute 45-215, then use the "next" button to page through to 45-223.
- Kansas Open Meetings Statute Search for statute 75-4317, then use the "next" button to page through to 75-4320c.
- Kansas on WikiFOIA
- Kansas Sunshine Coalition
- Open Government Guide to Kansas
- Kansas Attorney General page on open government
[edit] References
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ 4.0 4.1 4.2 "Open Records Law Needs an Overhaul", Flint Hills Center for Public Policy, June 15, 2009
- ↑ Open Record statute 45-216
- ↑ Exemptions from Kansas Open Records: horsethief reservoir benefit district sales tax info, and 29 more, Kansas Meadowlark, March 26, 2009.
- ↑ Open Record statute 75-4317a
- ↑ Text of SB 34
- ↑ Supplemental Note to SB 34
- ↑ Kan. Senate to debate open records exceptions, Associated Press, January 27, 2009
- ↑ KSA, 45-218
- ↑ The Hays Daily News, "Kan. Senate advances bill on open records", January 27, 2009
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