1. May a public agency charge a fee to provide access to or copies of public records?
Yes. The KORA allows fees to be charged in connection with providing access to or copies of public records.
2. Does the KORA require that a public agency always charge fees in order to provide access to or copies of public records?
No. The decision as to whether to charge such fees is a discretionary policy decision. The KORA does not require that a record fee be charged.
3. What record fees does the KORA allow?
The KORA does not set specific fees. A public agency may charge reasonable fees: Reasonable fees are those that do not exceed the actual costs connected with providing the requested record(s). What the record request actually costs the public agency is a fact issue, in every case, depending upon all the factors involved in complying with a specific record request.
4. Is there a poverty exception or some other special exception to record fees?
No. While the FOIA (federal government record act) provides for a poverty exception, the KORA does not have such an exception. The KORA allows fees to be charged to recoup costs. The KORA does not provide any required exceptions to lawfully charged record fees.
5. May a public agency charge me for the time their staff spends on my record request?
Yes. If that public agency's staff actually spends time on your request, the public agency may recoup what ever that employee or staff member's salary/pay would be for the time spent in trying to find, copy, examine, mail, or otherwise help you with a record request.
6. May a public agency charge me for computer services if I request copies of computerized data?
It depends. If records are maintained on computers, fees may include the cost of any computer services, including staff time. However, proration of costs of computerizing is probably precluded, as such costs are normally required even without record requests. When public records are repackaged in a computerized form in order to facilitate public access to the records, additional fees for computerization may be charged, so long as the basic analog records are still available elsewhere at cost.
7. May a public agency charge overhead costs the agency would incur even without ever receiving a KORA request?
No. Record fees for providing access to or copies of public records are intended to recoup the actual costs associated with providing access or copies. Such fees are not meant to pay for costs that would already be incurred by a public agency even without a record request. E.g. Overhead, capital improvements, utility bills, rent/building payments, etc.
8. May a public agency charge for the cost of staff time used to separate open from closed information in public records?
Yes. Fees may include the cost of staff time spent in redacting open from closed information.
9. May a public agency charge me an advance fee before giving me access to or copies of public records?
Yes. The KORA allows public agencies to require pre-payment of estimated costs. If the actual end cost is less, they must refund the difference. If it is more, they may bill you for the additional costs.
10. What can I do if I don't think a record fee is reasonable?
If you believe you were charged more then the actual costs associated with a record request, you can pursue it privately or make a complaint to the appropriate public entity. K.S.A. 45-219(c)(5) states that any person requesting records from an executive branch state agency may appeal the reasonableness of the record fees to the secretary of administration, whose decision on the fee shall be final. A fee for copies of public records possessed by such a state agency which is equal to or less than $.25 per page shall be deemed a reasonable fee. For all other fee disputes, you can make a written complaint to the Attorney General or county/district attorney. However, if the public agency can provide evidence that the fees are reflective of actual costs, the fees will be deemed reasonable.
RETURN TO LIST OF KORA QUESTIONS