The Kansas Open Records Act [KORA] is the Kansas version of the federal Freedom of Information Act. It allows for public inspection and copying of some records maintained by public entities. Not all records are available for public inspection.

Public records are those made, maintained, created or possessed by a public agency. The KORA applies to any recorded information regardless of form or characteristics. A public agency is the state or any political or taxing subdivision, or any office, officer, or agency thereof, or any other entity, receiving or expending and supported in whole or part by public funds. Records consist of all media files whether text, images, video or audio, digital or analog, soft or hard copy that were created to represent the goings on of local government. Unless closed by specific law, all are open for inspection and any person may view them to make abstracts or obtain copies. Records that are NOT accessible by the public include those that are closed either Mandatorily or Discretionarily.

Mandatorily closed records are closed because the Federal or State Law mandates it, and the records holder has no choice in the matter. These records are closed to protect the names & safety of those individuals reflected within, as well as to maintain the security of the federal and state government, protect the citizens, and so on. These records include but are not limited to:

• Certain Juvenile Court Records
• Child welfare records
• Individually Identifiable Drug Abuse Treatment Records
• Any type of financial or taxpayer record that includes personal contact information, including a name
• Criminal History Info in possession of a Law Enforcement Agency
• Ballots and Voter information
• Unexecuted search or arrest warrants, and all related material, affidavits, testimonies, etc
• Presentence reports
• Grand Jury Proceedings records prior to deliberation and decision
• Mental illness commitment or treatment records
• Adoption Records
• Racing Commission Background Checks
• Crime Victim Compensation Board – ALL records are confidential
• Certain student and educational information

Records that are closed on a Discretionary basis are those records held by an agency and released to the public at the discretion of that agency. Certain records may not be disclosed by the agency, for reasons within the allowances of the laws. The main consideration taken when choosing whether to disclose or not is whether the public interest outweighs the risk to the public. The agency is charged with defending it’s decision not to disclose by stating which allowance it is invoking. Records at the discretion of government agencies can include:

• Personnel records, performance ratings, or individually identifiable records pertaining to employees or applicants for employment. in public agencies. This includes home addresses, personal phone numbers, social security and tax id numbers, Drivers license numbers and photographs and any family names or contact information. However, the “names, positions, salaries and lengths of service” of public officers and employees must be made public.
• Criminal investigation records. These may be closed based on the ratio between public interest and risk to public.
• Court records and docket sheets may not be closed as criminal investigation records. Police blotter, roster of jail inmates and the front page of a standard offense report are required to be open to the public; mug shots and standard arrest report are not required to be open to the public. Coroner reports are subject to disclosure unless they have been filed with the clerk of the district court and designated as a criminal investigation record. Autopsies as part of coroner’s reports are open unless the coroner’s report is filed as a criminal investigation record.
• Information which would reveal the identity of any undercover agent or any informant reporting a specific violation of law.
• Notes, preliminary drafts, research data in the process of analysis, whether by an agency or a third party on behalf of the agency.
• Memoranda or other records in which opinions are expressed or policies or actions are proposed. This exception does not apply when such records are cited or identified in a public meeting.
• Library patron and circulation records which pertain to identifiable individuals. Library archive and museum materials contributed by private parties may be closed if closure was a condition of donation.
• Public records containing information of a personal nature when public disclosure would constitute a clearly unwarranted invasion of personal privacy.
• Social Security numbers, mothers’ maiden names and dates of birth contained in held by a county register of deeds can be closed to a business information provider.
• Records concerning prospective location of a business or industry where no previous disclosure has been made.
• Engineering and architectural estimates for public improvements.
• Financial information submitted by contractor in qualification statements.
• Records concerning emergency or security information or procedures; also not subject to subpoena or discovery.
• Records which are privileged under the rules of evidence, unless the holder of the privilege consents to the disclosure.
• Peer review/risk management records concerning certain health care professionals and facilities.
• Software, except that register about what information the agency has on computer and what is available in what format.

Kansas Historical Society- Libraries, Museums and Archives

Records Requests should be made with the individual agency responsible for holding them. The Law states that the response time that an agency has to deliver on a KORA request is 3 days, but that has been difficult to accomplish. There are also fees likely to be imposed for delivery of the requested documentation as allowed by the KORA. Please see the law or the individual agency for a schedule of those fees.