Kansas Public Records

Kansas public records are records pertaining to the transaction of government business. They are created and maintained by government agencies in the course of official functions. The Kansas State Legislature, under the Kansas Open Records Act (KORA), specifies policies for the access and maintenance of public records in Kansas. The KORA mandates state and local government agencies to collect and preserve records that concern the discharging of their official duties. Government agencies are also charged to open such records for inspection and copying by members of the public on request unless the records are exempt by the KORA.

Public records are crucial to the transparency of the democratic process in Kansas. They allow the public some insight into the workings of government in the state, including the performance of its elected officials. This, in turn, provides some accountability within the government structure.

Are Kansas Records Public?

Yes. The Kansas Open Record Act allows the public to request and inspect any government record unless exempted by law or court order. Government agencies are also instructed to provide suitable facilities for this process. Under the KORA, any member of the public can make an open record act request to a government agency to inspect or copy records in its custody.

Although government records are public, some are exempted from public access. Confidential records vary with the government agency concerned. K.S.A. 45-229 of the Kansas legislature shows the types of information exempt from public disclosure. Where any of these exemptions are valid, steps may be taken to limit access to the record. Parts of the record may be sealed/redacted, or only a few authorized people may have permission to access the record. In some cases, the record may only be released by order from a court.

Some records that are exempt from a Kansas Open Record Act request are as follows:

Medical, psychiatric, psychological, or drug and alcoholism treatment records about identifiable patients;
Law enforcement information which could reveal the identity of undercover agents or police informants;
Testing and examination questions or other materials before the test or examination is given or if it is to be given again;
Criminal investigation records;
Personal records of identifiable citizens that are of a sensitive or personal nature;
Records that fall under the rules of privilege. For example, attorney-client privilege;
Any records exempted explicitly by federal or state laws;
Records exempted by the rules of evidence.

Kansas Public Records Act

The Kansas Open Records Act was enacted in 1984 and is indexed from K.S.A 45-215 to 45-229 of the state legislature. The Kansas Open Records Act is modeled around the Freedom of Information Act and provides the public with access to records in possession of government agencies. It also aims to balance privacy rights with the need to supply the public with necessary information. Under the KORA, although citizens must prove their identity if requested, they do not have to say why they need a record or who they work for.

Kansas public records come in many forms, including written or typed documents, C.D.s and DVDs, computer files on hard drives, photographs, films, maps, video files, and audio files.

Some records that are public under KORA include the following:

Vital records(marriage, birth, death)
Crime statistics
Abbreviated incident reports
Sex offender records
Property records
Land records
Court records, unless the case is sealed

How Do I Find Public Records in Kansas?

Agencies in Kansas have similar procedures for making an Open Records Request. The following are some of the more common steps in the record-requesting process:

Step 1: Determine the needed records and their custodian

Every public record in Kansas will have a corresponding state or local office with a custodian in charge of answering record requests. This makes the first step of a record request simply identifying this custodian after deciding on the record. For example, property records in Kansas may be located in the county register of deeds, and county records will be available from the county clerk.

Step 2: Discover the record's accessibility and the custodian's access conditions

Most agencies and custodians will outline procedures on their web pages for public records requests. This will usually include their allowed methods, fees, and payment methods. There are also usually contact methods for inquiries, such as a dedicated phone number or email.

After confirming the agency's access methods, it is advisable to ensure the record is available and that the requester is qualified to access it. The department name may vary, but the agency usually has a public information department or records unit to handle requests.

Step 3: Put together public records request and submit it

Public records requests in Kansas are usually made verbally or by submitted written requests. Requesters can submit their requests in person, by phone, fax machine, email, post, or online. However, requesters are advised to submit a written request with clear information to expedite their requests.

Most Kansas agencies have downloadable public record request forms. Interested visitors can download these forms from the agency website, fill them out, and submit the requests. If no record is available, the requester may have to write a written request with the needed information, such as the description of the required record, a case number, page or docket number (depending on the record) and contact information for the agency's response.

Step 4: Pay any required fees

The Kansas Open Record Act allows agencies to charge fees during public record requests. These charges and payment methods will differ from agency to agency, including card payments, checks, and money orders. The fees usually cover the cost of reproducing/copying the record and any staff overtime incurred in completing the record request.

Find Kansas Public Records Free

Some government agencies in Kansas will provide access to some types of records in person at the agency office or online via a free database. Although viewing some documents may be free, agencies can charge a fee for reproducing or copying any records.

Some examples of free access to public records in Kansas are as follows:

The Sedgwick County, Kansas Register of Deeds provides land records for public viewing using their online document search;
District County Courts in Kansas Provide public terminals where people can look up case information and court records for free on the public portal. Individuals can also come into the office to view records in person;
The Kansas Department of Revenue permits users to search for simple car tax records online using their Property Tax Check portal;
Johnson County, Kansas, offers a public service where land records can be looked up using the land records search tool.

What Happens if I Am Refused a Public Records Request?

A Kansas Open Record Act request may be refused for several reasons not limited to the following:

The request record is exempt under the KORA;
Insufficient details to locate the record were provided in the request;
The request was sent to the wrong custodian or agency;
The request places an unreasonable burden on the agency when producing public records;

If the agency cannot fulfill or denies the request, they must supply on-request a written statement with grounds for the denial. If it was denied by a KORA exemption, the statement must contain the specific exemption or law under which the request was denied. This requester must receive this statement within three working days of their initial request.

Under K.S.A. 45-222 and K.S.A. 45-228, citizens denied a Kansas Open Records Act request can file a complaint with the Attorney General of Kansas. They may also file a KORA lawsuit at the district court where the denial occurred.

How Long Does It Take to Obtain a Kansas Public Record?

Although the KORA mandates that Public Record requests must be fulfilled as soon as possible, response times will likely vary by request. Factors including the request size, location of the records, staff required, and so on will determine the time taken to obtain a document.

However, according to K.S.A. 45-218 (d) of the Open Records Act, requests should be completed at most three business days after receiving the request. This is an estimated time for the agency to verify whether the requester can obtain the records. If the record cannot be supplied within the time frame, the agency must contact the requester, explain the cause for further delay, and state the earliest time and date that the record will be available for inspection.