How to File a Public Records Request in Kansas
The Kansas Open Records Act (KORA), codified at K.S.A. § 45-215 et seq., declares it the public policy of Kansas that 'public records shall be open for inspection by any person unless otherwise provided.' The Act guarantees every person the right to inspect and obtain copies of public records created or maintained by any public agency, including all state agencies, cities, counties, townships, and school districts. A public record is broadly 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.' Agencies must respond to requests within three business days. The burden of proving that an exemption from disclosure applies rests squarely on the agency — not on the person making the request.
The Kansas Open Records Act (KORA)
- Statutory Citation
- Kansas Statutes Annotated (K.S.A.) §§ 45-215 through 45-253
- Response Deadline
- 3 business days
- Fee Provisions
- Under K.S.A. § 45-219, agencies may charge reasonable fees not exceeding actual cost for access to records, copies of records, and staff time required to process a request. A fee of $0.25 per page for paper copies is generally deemed reasonable. Agencies may require advance payment before producing records. For executive branch state agencies, fee disputes may be appealed to the Kansas Secretary of Administration. For city and county agencies, fee reasonableness disputes may be submitted as written complaints to the Kansas Attorney General or the relevant county or district attorney.
- Key Exemptions
- K.S.A. § 45-221 contains more than 40 enumerated exemptions, including: personnel records and employee medical information; criminal investigation records and arrest reports; attorney-client privileged communications; records whose disclosure would constitute a clearly unwarranted invasion of personal privacy; sealed or confidential court records; certain law enforcement intelligence files; trade secrets and proprietary business information; and records whose disclosure is restricted by other state or federal law, including HIPAA and FERPA. If a record is only partially exempt, the agency must redact the exempt portions and release the remainder.
- Appeal Process
- If your KORA request is denied, you may (1) ask the agency in writing for a written statement citing the specific legal grounds for denial, which must be provided within three business days under K.S.A. § 45-218(d); (2) file a written complaint with the Kansas Attorney General's Office or the county or district attorney; (3) contact the agency's designated local Freedom of Information Officer to attempt informal resolution; and (4) file a civil lawsuit in the district court of the county where the records are located under K.S.A. § 45-222. In a successful lawsuit, courts must award attorney fees if the denial was 'not in good faith and without a reasonable basis in fact or law.' Agencies that knowingly violate KORA face civil penalties up to $500 per violation under K.S.A. § 45-223.
- Ombudsman
- Kansas does not have a dedicated public records ombudsman. Questions about KORA rights and suspected violations should be directed to the Kansas Attorney General's Office, which can be reached at (785) 296-2215 and maintains a KORA FAQ and guidance documents on its Open Government webpage.
City FOIA Guides in Kansas
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Kansas?
If you're dealing with missing records or unresponsive agencies in Kansas, Project Paper Trail can help you follow the paper trail on development approvals.
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