Open Records Act Request - Kansas

KANSAS OPEN RECORDS ACT REQUEST

State of Kansas

Kansas Open Records Act, K.S.A. 45-215 et seq.

REQUEST INFORMATION

Date of Request: [__/__/____]

Method of Delivery:

☐ U.S. Mail
☐ Electronic Mail
☐ Hand Delivery
☐ Facsimile

PART I: REQUESTER IDENTIFICATION

Full Name: [________________________________]

Organization (if applicable): [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email Address: [________________________________]

Preferred Method of Response:

☐ Email to address above
☐ U.S. Mail to address above
☐ Available for in-person inspection
☐ Other: [________________________________]

PART II: PUBLIC AGENCY INFORMATION

To:

Records Custodian/Freedom of Information Officer: [________________________________]

Public Agency Name: [________________________________]

Department/Division: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________]

Email: [________________________________]

Telephone: [________________________________]

PART III: LEGAL BASIS FOR REQUEST

Dear Records Custodian:

Pursuant to the Kansas Open Records Act ("KORA"), K.S.A. 45-215 et seq., I hereby request access to and copies of the public records described below.

The Kansas Legislature has declared it to be the public policy of the State of Kansas that "public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy." K.S.A. 45-216(a). Under KORA, each public agency is required to provide access to its public records for inspection and to provide copies upon request. K.S.A. 45-218(a).

"Public record" is defined as "any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency." K.S.A. 45-217(g)(1). This includes all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data processing records, computer stored data, and any other documentary materials.

PART IV: RECORDS REQUESTED

I request access to and/or copies of the following records:

Category 1:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Offices/Departments to Search: [________________________________]

Category 2:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Offices/Departments to Search: [________________________________]

Category 3:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Offices/Departments to Search: [________________________________]

Additional Records (if needed):

[________________________________]

[________________________________]

Record Types Sought (check all that apply):

☐ Correspondence (letters, emails, memoranda)
☐ Reports and studies
☐ Meeting minutes and agendas
☐ Contracts and agreements
☐ Financial records and budgets
☐ Personnel records (non-exempt portions)
☐ Policies, procedures, and guidelines
☐ Inspection reports
☐ Permits and applications
☐ Photographs, audio, or video recordings
☐ Electronic databases or data sets
☐ Other: [________________________________]

PART V: FORMAT OF PRODUCTION

I request that responsive records be provided in the following format:

☐ Electronic format (native file format preferred)
☐ Paper copies
☐ Both electronic and paper copies
☐ Inspection only (no copies at this time)

Under K.S.A. 45-219(a), a public agency shall provide access to a public record in the electronic or other format in which the record is kept, if the requester requests the same format.

Specific Electronic Format Preferences:

☐ PDF format
☐ Native file format
☐ CSV or spreadsheet format for data
☐ Other: [________________________________]

PART VI: FEE PROVISIONS

A. Fee Limitations Under K.S.A. 45-219

I understand that under KORA, the following fee provisions apply:

1. Reasonable fees only: A public agency may charge a reasonable fee for providing access to or furnishing copies of public records, not to exceed the actual cost. K.S.A. 45-219(a).

2. No charge for small requests: Requests that require less than one hour of staff time or less than 100 pages of copies shall be provided at no charge. K.S.A. 45-219(a).

3. Standard copy charges: The fee for copies shall not exceed $0.25 per page for standard 8.5" x 11" pages. Fees equal to or less than $0.25 per page are deemed reasonable. K.S.A. 45-219(c).

4. Electronic records: If the record is maintained electronically and can be furnished in electronic format, the fee should reflect only the actual cost of the electronic medium (e.g., disc, USB drive, email).

B. Fee Cap and Estimate

I agree to pay reasonable fees in accordance with KORA, up to a maximum of $[____]. If estimated fees exceed this amount, please provide a written estimate before proceeding and await my authorization.

C. Fee Appeal for Executive Branch Agencies

If this request is directed to an executive branch state agency, I am aware that under K.S.A. 45-220, I may appeal the reasonableness of the fees to the Secretary of Administration, whose decision on the fee shall be final.

D. Fee Waiver Request

☐ I request a fee waiver or reduction because this request is in the public interest and serves a public purpose.

Basis for Fee Waiver: [________________________________]

PART VII: RESPONSE DEADLINE

Under K.S.A. 45-218(d), the public agency must act upon this request not later than the end of the third business day following the date that the request is received.

The agency must:

1. Provide the requested records;
2. Provide a written certification that the agency does not maintain the requested record and the agency does not know which, if any, agency maintains the record;
3. Provide a written explanation that a request has been placed on hold for one of the reasons specified in K.S.A. 45-218(e); or
4. Issue a written denial, citing the specific provision of K.S.A. 45-221 or other applicable law on which the denial is based.

Important: Failure to respond within the three-business-day period is deemed a denial of the request for purposes of judicial review. K.S.A. 45-218(f).

PART VIII: EXEMPTIONS AND SEGREGABILITY

If any portion of the requested records is claimed to be exempt from disclosure under K.S.A. 45-221, I request that the agency:

1. Cite the specific exemption relied upon for each withheld record or portion thereof;
2. Provide a written statement of the grounds for the denial, as required by K.S.A. 45-218(d);
3. Segregate and release all non-exempt portions, as the agency has a duty to redact exempt information and release the remainder; and
4. Bear the burden of proof: Under K.S.A. 45-222(d), the burden of proving that records are exempt from disclosure rests with the agency.

Key Exemptions Under K.S.A. 45-221(a):

• (1) Records the disclosure of which is specifically prohibited or restricted by federal law, state statute, or rule of the Kansas Supreme Court
• (2) Records which are privileged under the rules of evidence
• (3) Medical, psychiatric, psychological, or alcoholism/drug dependency records
• (4) Personnel records, performance ratings, or individually identifiable records pertaining to employees or applicants
• (5) Information that would reveal the identity of an undercover agent or informant
• (10) Criminal investigation records
• (11) Records pertaining to pending litigation
• (12) Communications between a public agency and its attorney that are privileged
• (14) Correspondence between a legislator and a constituent
• (20) Trade secrets and commercial or financial information
• (29) Records relating to security measures
• (30) Correctional records identifying victims

PART IX: PRESERVATION OF RECORDS

This request serves as notice that all records responsive to this request must be preserved. Destruction of public records in violation of the Kansas records retention schedules or applicable law is prohibited. See K.S.A. 45-404 (State Records Board).

PART X: APPEAL AND ENFORCEMENT RIGHTS

I understand that, in the event of a denial, I have the following enforcement rights:

A. Judicial Enforcement (K.S.A. 45-222)

Any person denied access to or the right to obtain copies of a public record may bring an action in district court to require compliance with KORA. The court may:

1. Order the agency to disclose the records;
2. Conduct an in camera inspection of the records to determine whether the exemption applies;
3. Enjoin the agency from withholding the records.

B. Attorney Fees and Costs (K.S.A. 45-222(c))

If the requester substantially prevails, the court shall award the requester reasonable attorney fees and court costs. The court may also assess a civil penalty of not less than $100 nor more than $500 against the public agency that is found to have violated KORA.

C. Willful Violation Penalties

A public officer or employee who willfully violates the provisions of KORA may be subject to removal from office, removal from employment, and other penalties as provided by law. K.S.A. 45-223.

D. Fee Appeal to Secretary of Administration (K.S.A. 45-220)

For executive branch state agencies, the reasonableness of fees may be appealed to the Secretary of Administration.

I reserve all rights to pursue judicial and administrative remedies available under KORA.

PART XI: ADDITIONAL PROVISIONS

A. Duty to Assist

I request that the records custodian assist me in identifying responsive records and narrowing the scope of this request if necessary. The Attorney General has advised that agencies should work with requesters to identify the records sought.

B. Forwarding of Misdirected Requests

If this request has been directed to an office that does not maintain the requested records, I request that it be forwarded to the appropriate records custodian and that I be notified of the forwarding.

C. Communication

All communications regarding this request should be directed to the Requester at the contact information provided in Part I above.

PART XII: CERTIFICATION AND SIGNATURE

I certify that this request is made in good faith pursuant to the Kansas Open Records Act. I understand that KORA does not require a requester to provide a reason for the request, and I am not obligated to state a purpose.

Signature: ___________________________________

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Organization (if applicable): [________________________________]

Date: [__/__/____]

SOURCES AND REFERENCES

1. Kansas Open Records Act (KORA), K.S.A. 45-215 et seq.
2. K.S.A. 45-216(a) - Public policy of open records; liberal construction
3. K.S.A. 45-217(g) - Definition of "public record"
4. K.S.A. 45-218 - Response deadline (3 business days)
5. K.S.A. 45-219 - Fees (actual cost; $0.25/page cap; no charge under 1 hour/100 pages)
6. K.S.A. 45-220 - Fee appeal to Secretary of Administration
7. K.S.A. 45-221 - Exemptions from disclosure
8. K.S.A. 45-222 - Judicial enforcement in district court; attorney fees; civil penalties
9. K.S.A. 45-223 - Penalties for willful violation
10. K.S.A. 45-404 - State Records Board and records retention
11. Kansas Attorney General KORA FAQs and Opinions

This template is designed for use in the State of Kansas under the Kansas Open Records Act, K.S.A. 45-215 et seq. It should be customized to the specific facts of each request and reviewed by a qualified Kansas attorney before submission. Laws and regulations may change; verify all citations before use.