Kansas

Definition of Public Record

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. ¹

Exemptions to Public Records

Personnel information of public employees, Medical treatment records, Records protected by attorney-client privilege, Records closed by rules of evidence, Notes and preliminary drafts, Criminal investigation records, Records the disclosure of which is restricted or prohibited by a, Tribal State Gaming Compact, Records specifically exempt from disclosure under the Kansas expanded lottery act (KELA) and the Kansas parimutuel racing act, Other types of records generally not related to racing and gaming, which can be found in K.S.A. 45-221, KRGC is only required to provide public records that already exist. There is no requirement for any agency to create a record upon request.

Who Can Make The Request?

Anyone

Response Timeframe

3 days. ²

Information on Fees

Agencies are allowed to charge for the actual cost of their employees searching and copying records and time spent on the request. Electronic records may only be charged for any computer services necessary to fulfill the request and for staff time. Agencies may charge advanced payment in Kansas. ³

Enforcement Mechanisms

The KORA can be enforced by the Attorney General, a county/district attorney, or by private citizens. Any person, the Attorney General, or a County/District attorney, may file a KORA law suit in district court. If an agency is found guilty by a court of knowingly violating KORA then they can be fined up to $500 and attorney fees will be awarded to the prevailing party. ⁴

Attorney Fees

Yes, if you are able to prevail in your appeal then attorney fees can be awarded. ⁵