Exceptions
The Kansas Open Records
Act recognizes that some records contain information which is private
in nature. For this reason, the Act lists a number of exceptions. Records
which are closed for this reason may include:
- Personnel information of public employees
- Medical treatment records
- Records which are protected by the
attorney-client privilege or the rules of evidence
- Records containing personal information
compiled for Census purposes
- Notes and preliminary drafts
- Criminal investigation records
- Several other specific records
For a complete listing of exemptions,
see K.S.A. 45-221.
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How to Request a Record
Step 1:
Check with the records custodian
or local Freedom of Information Officer to determine whether the information
that you need is available. Please remember to be courteous and specific
when requesting information so that the custodian will be able to serve
you better.
Step 2:
You may be asked to submit
your request for information in writing. The records custodian may have
a prepared form for the purpose. Make sure your request is as specific
as possible so that your request may be filled quickly and completely.
The records custodian may ask detailed questions in order to fulfill your
request accurately.
Step 3:
Most records will be produced
within three business days from the time the request is received. If the
request is denied, you will receive a written explanation for the delay
or denial.
Step 4:
If you have any questions
about your request, contact your local Freedom of Information Officer.
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Fees
The Kansas Open Records Act
authorizes public agencies to charge fees for providing access to or furnishing
copies of public records. This fee may be requested in advance and may
include:
- Cost of staff time required to make
the information available
- Cost of copying or reproducing the
record.
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Why Would My Request be Denied?
Although every attempt will
be made to provide the information requested, it is not always possible
to fulfill the request. There are a number of reasons that a request may
be denied:
- The specific record that was requested
does not exist.
- The request was unclear and should
be resubmitted with more detail.
- The record that was requested is closed
to protect an important privacy interest. (See the list of exceptions
to the Kansas Open Record Act at K.S.A.)
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The Kansas Open Records Act
governs most records maintained by cities, counties, school districts,
state agencies, and other public entities.
For a complete copy of the
Kansas Open Records Act, contact your local Freedom of Information Officer
or go to www.ink.org/public/legislative,
then click on the "Kansas Statutes" icon. The Kansas Open Records
Act starts at K.S.A. 45-215.
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