Printable Format45-218. Inspection of records; request; response; refusal, when; fees. (a) All public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose. No person shall removal* original copies of public records from the office of any public agency without the written permission of the custodian of the record.
(b) Upon request in accordance with procedures adopted under K.S.A. 45-220, any person may inspect public records during the regular office hours of the public agency and during any additional hours established by the public agency pursuant to K.S.A. 45-220.
(c) If the person to whom the request is directed is not the custodian of the public record requested, such person shall so notify the requester and shall furnish the name and location of the custodian of the public record, if known to or readily ascertainable by such person.
(d) Each request for access to a public record shall be acted upon as soon as possible, but not later than the end of the third business day following the date that the request is received. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. If the request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received.
(e) The custodian may refuse to provide access to a public record, or to permit inspection, if a request places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency. However, refusal under this subsection must be sustained by preponderance of the evidence.
(f) A public agency may charge and require advance payment of a fee for providing access to or furnishing copies of public records, subject to K.S.A. 45-219.
History: L. 1984, ch. 187, § 4; February 9.
Revisor's Note:
* The word "removal" should have been "remove" instead.
Cross References to Related Sections:
Confidentiality of legislative post audit reports, see 46-1128.
Law Review and Bar Journal References:
"Letting the Sunshine In: An Analysis of the 1984 Kansas Open Records Act," Ted P. Frederickson, 33 K.L.R. 205 (1985).
"Hazardous Waste Regulation in the United States a Mind-Numbing Journey," James O. Neet, Jr., 61 J.K.B.A. No. 1, 31, 34 (1992).
"Kansas Sunshine Law: How Bright Does It Shine Now? The Kansas Open Meetings and Open Records Acts," Theresa "Terry" Marcel, 72 J.K.B.A. No. 5, 28 (2003).
Attorney General's Opinions:
Response to information request to KDHE for open record information. 87-86.
Crime of "unlawful disclosure of a warrant" prohibits disclosure, before execution of warrant, of complaint which leads to arrest warrant issuance. 87-100.
Open records act; certain laboratory records not required to be open. 88-88.
Open public records; records obtained by legislative post audit; duty of confidentiality imposed by law; audit work papers. 91-138.
Election petitions, once filed, are generally open public records. 97-22.
Public records; unlawful use of information; standing requests prospective in nature; unreasonable burden. 1998-51.
Members of medical advisory board are "officers and employees" for purposes of Kansas open records act. 2000-8.
Furnishing names of new city utility customers; not prohibited but not required. 2000-35.
Discusses whether records of "custody time," the amount of time a person has been incarcerated, are open or closed depending on holder of records. 2002-29.
Independent of KORA, school board is obligated to publish names, positions and salaries of superintendent and department heads of school district. 2003-3.
"Paid Loss Reporting Forms" is public record available for public inspection. 2004-1.
Insurance rate filings submitted to Kansas insurance department are open records even though such rates in bid proposal. 2008-3.
Actual cost for making records available; county's arrangement with private vendor to provide computer access to county records. 2009-14.
CASE ANNOTATIONS
1. Provisions of this act not retroactive; due to repeal of K.S.A. 45-201 et seq. and enactment hereof, personnel files specifically excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 Kan. 96, 102, 105, 697 P.2d 1279 (1985).
2. Disclosure of employee addresses to union as bargaining unit examined; disclosure permitted under facts of case. State Dept. of SRS v. Public Employee Relations Board, 249 Kan. 163, 167, 815 P.2d 66 (1991).
3. District court had no authority to close district coroner's records not statutorily exempt from public disclosure. Burroughs v. Thomas, 23 Kan. App. 2d 769, 773, 937 P.2d 12 (1997).
4. Confidentiality provisions of federal civil rights act (42 U.S.C. § 2000e) consistent with provisions of open records act. Hughs v. Valley State Bank, 26 Kan. App. 2d 631, 639, 994 P.2d 1079 (1999).