1. Are some records allowed, but not required, to be closed?
Yes. Some laws give the public agency discretion, allowing them to close certain information or public records, but not requiring that the record be closed.
2. What types of records may be discretionarily closed?
There are many laws (state, federal or court rules/laws) allowing closure of specific types of public records or portions of the information in such records. Examples of some of these types of laws are discussed in our KORA outline, on-line on our Open Government Page.
3. Do I have to know if a record is open or closed by some law?
No. That is the duty of the public agency. The record custodians possessing such records should be familiar with the laws that apply to the records in their possession. If the record custodian denies a request for access or copies, K.S.A. 45-218(d) requires the custodian to provide a written citation to the law(s) being relied upon, if that information is requested.
4. Is there some general law that I can read that lists the types of records that may be closed?
Yes. K.S.A. 45-221 contains the "laundry list" of public records that may be closed.
You may obtain a copy of that law on-line at www.kslegislature.org
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